STATE OF M P Vs. SANJIV SINGH

JUDGEMENT

(1.) Heard. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (in short "the Code"). By the impugned judgment dated 25th June, 2013 passed by learned Second Additional Sessions Judge, Morena in S.T. No. 86/2011, respondent has been acquitted of the offence punishable under Section 302 of Indian Penal Code (in short 'IPC').

(2.) The prosecution case, in brief, is that on 16-01-2011 at about 8:00 pm Jankidas was found lying in the campus of temple and blood was oozing from his head. The persons of temple had shifted Jankidas (since deceased) to Gwalior for treatment. The entire case of the prosecution was based on the circumstantial evidence of last scene.

(3.) On the information, FIR (Ex-P/2) was registered by the Police Station Noorabad District Morena as crime No. 06/2011 of the offence under Section 307 of IPC. On 21-01-2011 Jankidas had died during treatment. On completion of investigation, charge-sheet was filed for the offence punishable under Section 302 of IPC.