STATE OF M P Vs. MUKESH S/O GANPATLAL

JUDGEMENT

(1.) The prosecution has come before this Court against acquittal of respondent vide judgment dated 29/06/2017 passed by ASJ, Mahidpur, District-Ujjain in S.T. No.227/2015 whereby the accused/respondent was acquitted from the charge under Section 302 of IPC.

(2.) No external or internal injury was found on the body of the deceased and Doctor who performed autopsy has opined that the cause of death may be due to asphyxia or due to drowning, therefore, the learned trial Court has rightly held that prosecution could not establish that the death of deceased was homicidal in nature.

(3.) This is a case of circumstantial evidence. No direct evidence could be produced by the prosecution. In circumstantial evidence the prosecution came forward with the last seen theory and examined brother-Madan (PW/1), fatherVasan (PW/6) and wife-Reshambai (PW/5) to show that the deceased was last seen alive in the company of respondent but the learned trial Court has rightly held that statements of these witnesses are only hear-say evidence, which cannot be relied upon. Other prosecution witnesses Ramesh (PW/3) and Nagu (PW/4) also turned hostile. They have not supported the case of the prosecution.