BHAGWATI BAI Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission. This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 4/7/12 passed by Sessions Judge, Narsinghpur in Sessions Trial No. 129/2011, whereby respondent nos. 2 and 3 have been acquitted of the offences punishable under Sections 302 /34 in alternative Sections 302 and 201 of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 31/1/2011, Santosh Kumar Patel, Railway Porter, by way of Morgue No. 11/2011, informed at Police Station Narsinghpur that between Kareli and Narsinghpur, on the 895/0 Uptrack No. 274, dead body of a person aged about 35 years was lying. During investigation, the dead body was identified to be that of Bharat Lodhi and it surfaced that 11/2 months prior to the date of incident, an altercation had taken place between mother of Bharat and respondent nos. 2 and 3 and to wreak vengeance, the respondents had killed Bharat by Axe and Screwdriver and for causing disappearance of the corresponding evidence, had thrown his dead body on the Railway Track.

(3.) Learned counsel for the appellant, while making reference to the evidence on record, submitted that the learned trial Court has not properly appreciated the evidence on record and the impugned judgment deserves to be interfered with.