STATE OF MADHYA PRADESH Vs. KUMMU @ KUMER SINGH

JUDGEMENT

(1.) Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure ("Code" for short). By the impugned judgment dated 26/3/12 passed by II Additional Sessions Judge, Gadarwara in Sessions Trial No. 152/10, respondents Kummu @ Kumer and Hemant singh have been acquitted of the offences punishable under Sections 302 and 120B of the Indian Penal Code (for short "the Code") respectively.

(2.) As per the prosecution story, on 9/5/10 between 8.30 to 9.30 p.m., Revaram (since deceased) was seen ploughing his field by his brother Tulsiram. Later on when Tulsiram could not contact Revaram on phone, he went to the hut situated at the field and found that Revaram was lying dead inside, having injuries on left side of his neck, left elbow, right hand, right leg, toe and waist, caused by some unknown person by sharp edged weapon.

(3.) Learned Deputy Advocate General, 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.