STATE Vs. MAKHAN SINGH

JUDGEMENT

(1.) This Acquittal Appeal is directed against the judgment/order dated 3.12.1997, recorded by the Sessions Judge, Rajouri in Session file No.7/1995, titled State Vs Makhan Singh.

(2.) Briefly stating the case of the prosecution is that accused Makhan Singh was nursing a grudge against Karnail Singh deceased, who was married to the niece of accused Makhan Singh and died on 1.11.1989 in her matrimonial house, after pouring kerosene oil upon her and then setting her ablaze; that then accused on 16 3.1995 went to the house of deceased Karnail Singh under the pretext of demand for 'Lassi', where he prevailed upon the deceased to accompany him to village kanara, where they visited the house of Jeet Kour, the sister of the deceased stayed there till evening and on return from that place they stayed for some time at the house of one Santosh Singh S/o Ravail Singh, then during night the accused took Karnail Singh deceased to kanara forest, where he with intention to do away with his life, started belabouring him and pushed him in a ditch, them dragged him for about 100 feet and left him all naked at the road in the said forest so that he shall be run over by some vehicle; that on the following day, Tirath Singh, informant, who is the father of deceased Karnal Singh, found him unconscious on the road and removed him to the hospital where the deceased after gaining consciousness on 24.3.1995 made a dying declaration and finally during the night intervening 24/25th March 1995 succumbed to his injuries.

(3.) The accused on being charge- sheeted by the Trial Court for an offence under Section 302-RPC, advanced the plea of complete innocence and refused to lead guilty. Trial Court, after appreciation of the evidence led in the case by the prosecution, came to dismiss the case of the prosecution and acquitted the accused, by virtue of its impugned judgment dated 3.12.1997. State-Appellant has assailed the impugned judgment, being infirm and based on wrong appreciation of evidence.