STATE OF MADHYA PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) The State is in appeal against judgment dated 9.8.1991, passed by the Additional Sessions Judge, Harda in Sessions Trial No. 203/90, acquitting the respondent of the offence punishable under Section 331 of the IPC.

(2.) In short, the prosecution story may be narrated thus :

(3.) At the trial, the respondent was charged with the offence punishable under Section 331 of the IPC only, he abjured the guilt and claimed to be tried. In the examination, under Section 313 of the Code, he pleaded false implication at the instance of Subhash Shukla who was examined as a prosecution witness. According to him, Subhash Shukla (PW3) nurtured a grudge as a case under Section 307 of the IPC against cousin of the witness viz Santosh Kumar and Raja @ Rajendra was registered by him only.