Full Judgment
Miscellaneous Criminal Case No.11964/2011 18.9.2013 Shri S.K.Kashyap, Government Advocate, for the State/ applicant.
Heard on admission.
This is an application for grant of leave to appeal filed by the State against the acquittal of respondents of the charges under sections 449, 120-B, 302 and 201 of the Indian Penal Code except respondent no.5 Jhurmul Bai who has been convicted under section 201 of the Indian Penal Code and sentenced to six years rigorous imprisonment with fine stipulation.
The case of prosecution was that respondent no.5 Jhurmul Bai was married to Shankar Singh and their son is Sonu who is minor.
Jhurmul Bai suspected Shankar Singh was having illicit relations with Sadhna (P.W.15).She, therefore, instigated Sonu to finish him.
Sonu then, in furtherance of common intention with respondent nos.1 to 4 and 6, committed the murder of Shankar Singh.
There is no eyewitness to the incident.
Baskar Bai (P.W.13).relative of Jhurmul Bai, has testified that after the incident when Sonu returned home she heard him whispering with Jhurmul Bai about his finishing Shankar Singh.
Baskar Bai narrated this fact to her husband Mansharam (P.W.12) who in his evidence has corroborated the same.
Since Sonu is minor, he is being tried before the juvenile court.
The trial court, after appreciating the evidence on record, acquitted the respondents of the charges mentioned above on the ground that there was absolutely no evidence to connect them with the murder of Shankar Singh.
There is also no direct evidence to suggest that Jhurmul Bai had instigated Sonu to commit the murder of Shankar Singh.
After perusing the record, we also find that the trial court has rightly appreciated the evidence.
The learned Government Advocate could not point out any illegality in the impugned judgment.
The application for grant of leave to appeal is, therefore, dismissed summarily.
(AJIT SINGH) (B.D.RATHI) JUDGE JUDGE ps