(1.) This appeal has been filed by the appellant/State against judgment dated 6.11.2001, passed by Sessions Judge Shahdol in Sessions Trial No.124/2001 whereby the respondent has been acquitted from the offence punishable under Section 302/148 of IPC.
(2.) Brief facts of the prosecution case is that on 16.10.2000 at about 11.45 pm at old Basti, Shahdol near Bhura Kori's House at Kishan Tola, the respondent and other accused persons armed with deadly weapons due to old enmity were assembled together and committed murder of Heera Gupta. Vishwanath father of deceased lodged the FIR at police Station, Shahdol. After investigation charge sheet was filed against the appellant and other accused under Sections 147, 148, 149/302 of IPC.
(3.) Respondent-Pushpendra and other accused persons were charged for offence under Section 148 and 302 of IPC. Other accused persons were acquitted by the same trial Court vide judgment dated 9.4.2002. The appellant has been acquitted by the impugned judgment on the ground that the prosecution has failed to prove the charges against the respondent beyond the reasonable doubt. No independent witness has been examined by the prosecution. Recovery of weapon from the respondent is not sufficient to hold him guilty for the crime.
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