HALKE BHAIYA Vs. STATE OF M P

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 13/1/11 passed by Additional Sessions Judge, Pipariya, District Hoshangabad, in Sessions Trial No. 211/2009, whereby respondent nos. 2 and 3 have been acquitted of the offences punishable under Sections 302 /34 and 201 /34 of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 25/1/09, at about 9 p.m., Hakam Singh had gone to irrigate his field located at Bahravan. When he did not return in the night, he was searched for in the morning. During search, blood stains were found near the well situated at his field, and when Ramgovind looked into the Well, he saw that dead body of Hakam Singh was lying there. Balwant, accomplice of Ramgovind also peeped into the Well and identified Hakamsingh having head injury. Thereafter, Ramgovind and Balwant went to Police Station Bankhedi to lodge the report. On the basis of information given by Ramgovind, morgue no. 3/09 (Ex. P/13) was registered.

(3.) Crime No. 29/09 (Ex. P/18) was registered against respondent nos. 2 and 3 and after completion of the investigation, charge-sheet was filed.