STATE OF MADHYA PRADESH Vs. RAMESH

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 29/12/2012 passed by Sessions Judge, Sessions Division, Chhindwara, in Sessions Trial No. 209/11, whereby respondent has been acquitted of the offence punishable under Section 302 of the Indian Penal Code (for short "the IPC").

(2.) Prosecution case, in brief is that, on 28/6/2011 at about 2 p.m., Jagdish (since deceased) had gone with the respondent on his Motorcycle for obtaining documents of vehicle. At around 10 p.m., their family members came to know that some mishap had occurred with both of them and, upon search, they found that Motorcycle of deceased was lying on Khunajhir road while his dead body was lying nearby in the valley. Upon investigation, it surfaced that, while riding pillion, respondent had dealt hammer blows on the head of Jagdish, due to which both of them fell and as Jagdish tried to run, respondent chased him and continuously beat him with Hammer until he died. 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.