STATE OF M P Vs. SHIVCHARAN

JUDGEMENT

(1.) The appellant-State has preferred this appeal against the order of acquittal recorded by the learned trial Court thereby acquitting the accused-respondents of the charge under section 302, in the alternative under sections 302/ 149 and 201, I.P.C.

(2.) According to the prosecution story, deceased Arjun Prasad was living in village Jagannathpura. The deceased had no issue. His widow- Mst. Ram Kunwar Bai (PW-12), who had left the village ]agannathpura, was-living with her parents in village Machhariya. Witnesses Triveni Bat (PW- 10) and Badri Singh (PW- 11) are the residents of village Jagannathpura. In the past, the son of Triveni Bai (PW- 10) committed murder in village Jagannathpura and since then Mst. Ram Kunwar Bai, widow of Arjun Prasad, had left village Jagannathpura and were living in village Machhariya.

(3.) Since there was none to live with deceased Arjun Prasad, accused Shiv Charan, respondent was made to live with his family. It is alleged that Shiv Charan got a sale-deed executed of the agricultural land in his favour from Arjun Prasad. In respect of the same land, a suit was filed by one Raghunath, which was stated to be pending at the time when the trial had concluded.