STATE OF M.P. Vs. RAJENASH YADAV

JUDGEMENT

(1.) This petition has been filed by the State seeking leave to appeal under Section 378(3) of Cr.P.C. being aggrieved by judgment dated 20.7.2017 passed in Sessions Trial No.159/2014 by the 1st Additional Sessions Judge, Ashoknagar, whereby Additional Sessions Judge has acquitted all the accused persons from the charges under Section 302/34 of IPC.

(2.) Learned Public Prosecutor for the State submits that there is a dying declaration (Ex.P/16) which was recorded by Dr. Sandeep Jain (PW-11), therefore, when there exists a dying declaration, then there was no occasion for the Additional Sessions Judge to have acquitted all the accused persons.

(3.) Learned Public Prosecutor for the State has placed reliance on the judgment of the Supreme Court in the case of Tehal Singh and others v. State of Punjab as reported in AIR 1979 SC 1347 wherein in para 4 it has been held as under :-