The State of Madhya Pradesh vs Atthilal Verman

B.D. Rathi, J

Heard on admission. This application for grant of leave to appeal has been preferred u/s 378(3) of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 9/11/2012 passed by Additional Sessions Judge, Pavai, District Panna, in Supplementary Sessions Trial No. 73/12, whereby respondent namely Atthilal Verman has been acquitted of the offence punishable u/s 302 of the Indian Penal Code ("IPC" for short).

Prosecution case, in brief, is that on 22/1/12 between 3 to 4 p.m., respondent caused the murder of Ramswarup Yadav in front of his house. Upon the information of complainant Baldev, son of the deceased, morgue was registered and after investigation, charge-sheet was filed.

Learned Government Advocate submitted that the impugned judgment was passed without proper appreciation of evidence on record and the same deserved to be interfered with.

Having regard to the arguments advanced by learned Government Advocate, impugned judgment and record of the trial Court were perused.

Entire case of the prosecution is based upon circumstantial evidence. Mainly the allegations were leveled against the respondent because Rs. 5000/- were given as loan by the deceased to him and, there used to be disputes, upon requests of deceased to repay the same. Baldev Yadav (PW2), son of the deceased, testified that he had suspicion that his father was killed due to the said disputes. During investigation, any document or evidence, was not collected by the investigating officer in respect of the loan. That apart, there was no incriminating evidence against the respondent. In the aforesaid premises, the trial Court found that the prosecution had failed to prove its case beyond a reasonable doubt.

We agree with the findings recorded by the trial Court.

It is well settled that the judgment of acquittal should not be disturbed unless the conclusions drawn on the basis of evidence brought on record are found to be grossly unreasonable or manifestly perverse or palpably unsustainable.

Taking into consideration the reasons assigned on the face of evidence on record establishing the aforesaid facts and circumstances, the view taken by the learned trial Court was apparently a possible view. As such, no interference is called for with the judgment of acquittal in question. The application, being devoid of merit and substance, stands dismissed.