REKHA BAI BUNDELA Vs. DHARAM SINGH BUNDELA

JUDGEMENT

(1.) Heard on admission. This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 23/11/10 passed by Sessions Judge, Narsinghpur in Sessions Trial No. 1/2008, whereby respondent no. 1 Dharamsingh has been acquitted of the offence under Section 302 of the Indian Penal Code (for short "IPC").

(2.) Prosecution case, in brief, is that on 1/11/07, First Information Report (Ex. P/19) at Police Station Suatala was lodged by complainant Komal to the effect that his son Narayan Singh had gone to Gadhawala field Pipariyahaar at about 8 p.m. for irrigation purposes. Next day in the morning, her grand-daughter Pipariya informed that Narayan Singh was lying near the well and blood was oozing from his head. She reached the spot and saw that Narayan, having head injury, was lying dead there and a stone with blood stains was also lying nearby. Crime No. 224/07 was registered and after completion of investigation, charge-sheet was filed.

(3.) Learned counsel for the appellant, while making reference to the evidence on record, submitted that the trial Court has erred in appreciating the evidence and the judgment of acquittal deserves to be interfered with.