P.K.JAISWAL,J. - (1.)The applicant has preferred this MCRC under section 378(3) of Cr.P.C , 1973for grant of leave to appeal against the judgment of acquittal dated 13/02/2017 passed by the Session Judge, Jhabua, Dist - Jhabua in Session Trial no. 44/2015, whereby acquitted the respondent no. 1 from the charge under section 302 of IPC.
(2.)Brief facts of the case are that on 30/10/2014, Dhapubai, wife of deceased Pema returned to her house after providing dinner to her husband Pema who was stayed for guarding the crops in their field. When after taking her dinner, Dhapubai was coming to her field, she saw that her brother-in-law Nandu came in rush from her field and entered into the house. She also observed that accused was having an axe. When she reached at the aforesaid place, she found that her husband Pema received injury on her head and blood was oozing, due to which, he died. On this, Dhapubai shouted and narrated the incident to her son Mohan and other persons, who reached on the spot. After that, Mohan lodged a report at police station - Petlawad. The police reached the spot and prepared the lash panchanama. Dead body of the deceased was sent to hospital for postmortem. The police collected blood stains from the spot and also prepared spot map; examined various witnesses, then arrested the accused/respondent and on the basis of his statement recorded under section 27 of the Evidence Act, recovered an axe, which was used in the present crime. Seized articles were sent for analysis to FSL. After completion of investigation, charge-sheet was filed before the JMFC, Petlawad, who committed the case to the Court of Session.
(3.)The respondent no.1 abjured his guilt and took a plea that he was falsely implicated in the matter. The prosecution examined as many as 8 prosecution witnesses. After due appreciation of entire evidence on record, by the impugned judgment, acquitted the respondent/accused from the aforesaid charge. Being aggrieved by which, the State has filed present petition for grant of leave to appeal against the judgment of acquittal.