STATE OF MADHYA PRADESH Vs. DIBBU @ DEVA

JUDGEMENT

(1.) Heard on admission. This application for grant of leave to appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 19/07/2012 passed by the Special Sessions Judge, (under the Scheduled Caste & Scheduled Tribe (Prevention of Corruption) Act, 1989) at Damoh, in Sessions Trial No. 216/2008, whereby respondents have been acquitted of the offences punishable under Sections 302/ 149, 148 and 201 of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 10/07/2007 at 8 pm, the respondents constituted unlawful assembly and in furtherance of its common object committed the murder of Khilan Yadav and caused disappearance of the corresponding evidence. Morgue intimation (Ex.P/1) was recorded at the instance of Vijay Yadav (PW1) and after investigation, charge-sheet was filed.

(3.) Learned Deputy Advocate General argued that the impugned judgment was passed without proper appreciation of evidence on record and prays for leave to file appeal.