N.K.GUPTA, J. - (1.)Being aggrieved with the judgment dated 4.1.2001 passed by the II Additional Sessions Judge, Shivpuri in Sessions Trial No. 59/2000, the State has preferred the present appeal against the acquittal declared by the trial Court against the respondent No.1- Chironji for offence under Section 302 IPC and against remaining respondents No.2,3 and 4, namely, Umrav, Asharam and Kailash respectively, for offence under Section 201 IPC.
(2.)Prosecution's case, in short, is that on 21.6.1999 at about 9 p.m. a dispute took place between the deceased Barelal and respondent No.1-Chironji at village Sakatpur, Police Station Bairad, District Shivpuri and, therefore, respondent-Chironji pushed the deceased Barelal and assaulted him with the stick. Barelal turned unconscious. Accused Umrav and Kailash took him inside the house. Thereafrter, at about 12 to 1 a.m. in the night, the respondents No.2,3 and 4 along with respondent No.1- Chironji took the deceased on a cot and threw the deadbody of the deceased Barelal near the field of one Khemraj. On 22.6.1999 Barelal was found injured and dead by one Suresh (PW-1), who intimated the police immediately and, therefore, the Investigating Officer went to the spot and recovered the dead body of deceased Barelal, which was sent for the post mortem. Dr. A.K.Mourya (PW-7) performed the post mortem on the body of the deceased Barelal and gave a report Ex.P/9. According to him, there were 3-4minor injuries on the person of the deceased, out of them one injury which was on head could cause the death. Dr. A.K.Mourya was not sure about the cause of death and, therefore, viscera of the deceased was preserved. However, no poison was found in the FSL report (Ex.P/10) in that viscera. After due investigation, charge-sheet was filed and case was committed to the Court of Session and ultimately it was transferred to II Additional Sessions Judge, Shivpuri.
(3.)The respondents abjured their guilt. They took a specific plea that no such incident took place. Respondent No.1-Chironji was falsely implicated due to family dispute. In defence, Kamlabai (DW-1), wife of deceased Barelal was examined to show that Barelal, who went to graze his cattle, did not come back and thereafter his dead body was found in the field of Khemraj on the next day.