JAMUNA PRASAD JAISWAL 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 10/2/12 passed by Additional Sessions Judge, Waidhan, Singrouli in Sessions Trial No. 401/2010, whereby respondents have been acquitted of the offences under Sections 302 /34, 394 and 397 of the Indian Penal Code (for short "the Code").

(2.) Prosecution case, in brief, is that on 3/2/10, First Information Report (Ex. P/1) at Police Station Sarai, District Singrouli, was lodged by complainant Yantrilal to the effect that on 2/2/10 at about 7.30 p.m., his brother Chhotelal had gone to irrigate the fields. Next day morning, Ramadhar Jaiswal informed that a dead body was lying at Mudhi Patera. He reached the spot and saw that his brother was lying dead and injuries of sharp edged weapon had been inflicted on his neck and back by unknown persons. Crime No. 33/10 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.