STATE OF M. P. Vs. BRAJBHUSHAN SINGH

JUDGEMENT

(1.) This appeal is filed by the State under Sec. 378(3) read with Sec. 378(1) of the Code of Criminal Procedure being aggrieved of the judgment and finding dtd. 27/3/1996 passed by learned Court of Sessions Judge, East Nimad, Khandwa in S.T. No.113/1995, acquitting the nonappellant from the charges under Sec. 302 of IPC.

(2.) Shri Manas Mani Verma, learned Public Prosecutor for the State submits that the trial Court has committed an error in disbelieving the evidence of Vishal (PW-3), Manish (PW-4) and M.L. Hanotiya (PW-12) which confirms the version of the prosecution that the respondent Brajbhushan Singh was an aggressor who committed homicidal death of the deceased Vivek @ Titoo and thus acquittal of the respondent is uncalled for.

(3.) Shri Manas Mani Verma, learned counsel further submits that as per the prosecution story incident took place on 9/6/1995. Prior to that Brajbhushan Singh was employed in Indian Railways and on his posting came to Khandwa in the year 1992. Wife of Brajbhushan Singh is Uma Chouhan (PW-7). Kirshna Pratap Singh (PW-5) is his son. In the year 1992, it is an admitted fact that family of Brajbhushan Singh stayed in the house of the deceased Vivek @ Titoo on rent. It is also mentioned in the prosecution story that as Vivek @ Titoo was not having any real sister, therefore, he had asked Uma Chouhan, wife of the respondent Brajbhushan Singh, that he is very sad as he is not having any sister, then Uma Chouhan had accepted his proposal to be his sister. After some time, Briabhushan Singh was transferred to Sagar where deceased use to come and meet Uma Chouhan.