LAWS(MPH)-2018-10-94

STATE OF MADHYA PRADESH Vs. SANTOSH

Decided On October 23, 2018
STATE OF MADHYA PRADESH Appellant
V/S
SANTOSH Respondents

JUDGEMENT

(1.) Heard the application for leave to appeal.

(2.) This M.Cr.C has been filed under section 378 (3) of the Code of Criminal Procedure, 1973 assailing judgment of acquittal dated 7.2.2018 passed by learned Additional Sessions Judge Sevdha district Datia in Sessions Trial No.145 of 2010 acquitting all the accused persons from charges under Sections 148, 353, 332, 333, 307/149 and 427 of the IPC.

(3.) Learned Public Prosecutor submits that learned Sessions Judge has committed grave error in not appreciating the evidence of Bholendra Singh (PW1) and Shankar Singh (PW2) so also the evidence of Sher Singh (PW9), author of the FIR. It is submitted that learned ASJ, has not only failed to appreciate the evidence of these vital witnesses but has wrongly dealt with the evidence on record and has recorded a finding of acquittal.