PREMWATI Vs. KHOWARAM

JUDGEMENT

(1.) Challenge in this Criminal Appeal filed under Sec. 372 of Cr.P.C. by appellant is to judgment dtd. 30/1/2021 passed by XX th Additional Sessions Judge, Jabalpur in Sessions Trial No.280/2019 whereby, the respondent No.1 has been acquitted of the charge under Sec. 302 of IPC.

(2.) Learned counsel for complainant/victim while assailing the impugned judgment of acquittal primarily contends that in spite of availability of cogent and reasonable evidence in respect of prosecution, learned trial Judge erred in law in returning a finding of acquittal. It is submitted that inconsistency and embellishments noticed by the trial Court in the direct and circumstantial evidence ought to have been ignored as they did not substantially affect the prosecution case.

(3.) Prosecution case in brief is that on 9/4/2019 at about 1.00 p.m., quarrel took place between deceased Indra Kumar and Ramji, In the said incident, Ramji assaulted deceased Indra Kumar by an axe. Thereafter, deceased Indra Kumar informed his brother Kalyan Singh, who on receiving said information, reached the place of incident along with Deepak and Ravi. At that time Dasrath (son of deceased Indra Kumar) and Premwati (wife of deceased Indra Kumar) were also present there. Deceased Indra Kumar was lying in the pool of blood beneath the mango tree. On being asked, deceased Indra Kumar stated that on the issue of finding a way of access to and from the agricultural field, the quarrel took place. Since the deceased was seriously wounded, he was rushed to the Belkheda Police Station in a Jeep (Bolero) and after giving intimation to Police, the deceased was admitted to Natwara Hospital for treatment. Thereafter, Natwara Hospital referred the deceased to Medical College where he died during the course of treatment.