STATE OF CHHATTISGARH Vs. SHANKAR BUDDHE

JUDGEMENT

(1.) The State has sought leave to appeal against the impugned judgment of acquittal dtd. 12/8/2021 passed in Sessions Trial No. 12/2020 by the Court of learned Sessions Judge, District ' Durg (C.G.), by which the respondent / accused has been acquitted from charges under Sec. 302 of the Indian Penal Code in connection with Crime No. 897/2019, registered at Police Station ' Durg, District ' Durg (C.G.).

(2.) Case of the prosecution, in brief, is that the present respondent / accused has murdered Sonu Sarthi @ Chhaya Kinnar by stabbing him on 28/9/2019 at night about 10.00 O"Clock. The motive of murder is about the existence of failure on the part of deceased to repay the loan, which he owes to the present accused. The dead body of the deceased namely Sonu Sarthi @ Chhaya Kinnar has been recovered from an open plot existed in Rajiv Nagar, Durg (C.G.). On founding the dead body of the deceased, the police has registered a Morgue No. 118/2019 and later on registered Crime No. 897/2019. During the course of investigation the present respondent/accused has been arrested and sufficient evidence has been existed to implicate the respondent/accused. After the completion of investigation, the police has submitted charge-sheet. Thereafter, the learned trial Court has commenced the trial and after completion of trial, the trial Court has acquitted the respondent / accused from the offence for which he has been charged with by giving him the benefit of doubt.

(3.) We have heard learned counsel for the applicant / State, considered her submission and gone through the records filed along with this petition.