STATE OF MADHYA PRADESH Vs. SHIV NARAYAN

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 23/07/2012 passed by the II Additional Session Judge, Gadarwara, District Narsinghpur, in Sessions Trial No. 10/2011 whereby respondent no. 1 Shiv Narayan has been acquitted of the offences punishable under Sections 364, 302, 201 & 404 of the Indian Penal Code ("IPC" for short) and respondent nos. 2 & 3 namely Pavan and Dinesh @ Dinnu have been acquitted of the offence punishable under Section 302/34 & 201 of the IPC.

(2.) Prosecution case, in brief, is that on 27/8/10, during 3 to 7.30 p.m. and between Salechouka Square to Bankhedi, in furtherance of their common intention to kill Pappu alias Madhav Singh (since deceased), respondents abducted and took him to the field of one Jhandan Wali Bau and strangulated him to death and for causing disappearance of the corresponding evidence, brought the dead body to a Jungle and set fire to it and respondent Shivnarayan also dishonestly misappropriated a 12 bore double barrel gun, one Motorcycle, one gold ring, one silver ring and a Watch belonging to the deceased. Dehati Nalishi (Ex. P/16) and Morgue intimation (Ex. P/17) were recorded during investigation into Missing Person Report 55/10 and after investigation, charge-sheet was filed.

(3.) Learned Government Advocate submitted that the impugned judgment was passed without proper appreciation of evidence on record and the same deserved to be interfered with.