STATE OF MADHYA PRADESH Vs. PREETAM

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 19/3/2011 passed by Special Sessions Judge, Damoh in Sessions Trial No. 156/2009, whereby respondents Preetam and Makhan have been acquitted of the offences punishable under Sections 376(2)(g) and 302 read with 34 of the Indian Penal Code ("IPC" for short), whereas co-accused Lekhram has been convicted under Sections 376(1) and 302 of the IPC and sentenced accordingly, against which Cr.A. No. 949/11 has been preferred by him.

(2.) Prosecution case, in brief, is that on 17/1/2009 at about 3 p.m., in furtherance of their common intention, respondents not only subjected the victim to rape, but, also strangulated her to death.

(3.) Learned Dy. Advocate General submitted that the trial Court had not properly appreciated the evidence on record and the judgment of acquittal deserved to be interfered with.