STATE OF M.P. Vs. SHIVNARAYAN ALIAS TUNDA

JUDGEMENT

(1.) THIS appeal has been preferred under Section 378(1) of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 15.1.2003 passed by I Additional Sessions Judge, East Nimad, Khandwa in Sessions Trial No.138/2002, whereby respondents have been acquitted of the offence punishable under Section 302/34 of the Indian Penal Code ("IPC" for short).

(2.) PROSECUTION case, in brief, is that on 19.6.2002 at about 7 pm Sunderlal, husband of Mamtabai (PW8) had left his home saying that he was going to give cotton seeds to his partner, but when till morning of 20.6.2002 he did not return, Mamtabai informed Sevakram, cousin of Sunderlal and at 7:30 am, one Rukhadia informed Sevakram that dead body of Sunderlal was lying at Ajnaal river. Upon this, Sevakram, Shriram and Babulal reached at the spot and found that dead body of Sunderlal was lying there. Thereafter, Sevakram informed about the incident at Police Outpost Punasa upon which, Morgue Intimation No.4/2002 (Ex.P/6) was registered. Police Outpost Punasa informed at Police Station Narmada Nagar about the incident and, accordingly, Morgue No.13/2002 (Ex.P/7) was recorded. First Information Report (Ex.P/27) was registered and after completion of investigation, charge-sheet was filed.

(3.) HAVING regard to the arguments advanced by the learned Government Advocate, impugned judgment and record of the trial Court were perused.