RAVIRAJ ALIAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned counsel for the appellants prays for withdrawal of I.A. No.4283/2026, which is fourth application filed under Sec. 430(1) of BNSS/389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

(2.) Learned counsel for the appellants submits that the appellants are innocent. They have been falsely implicated in the matter. The findings of the trial Court are contrary to the record and the evidence which were produced before learned trial Court. Prosecution failed to prove its case beyond reasonable doubt and there being no eye witness account in this case. There is no evidence to prove that it was the appellants who committed murder of the deceased. It is also submitted that previous enmity is an admitted fact, therefore, the appellants have been falsely implicated.

(3.) Prosecution case, in short, is that Keshpati Singh (PW-1) had a dispute with the father of the accused persons namely Kanhaiya Singh in relation to some land. Few days before 22/03/2015 Keshpati had constructed his new house and in this relation on 21/03/2015 there was an altercation between Chhotu alias Prakash Singh with Keshpati when Chhotu alleged that Keshpati had constructed house on his land. During this dispute, Chhotu had attacked Keshpati with a lathi, but, no intimation was given to the Police personnel in this regard.