iiK-*: -"N3i!WiS'3Hli'<N!"*'u?u' ^ -^'^ i" M yl-IKiHiGOURTOF GHHATTISGARH AT BILASPUR sGorani: Hon<bleShri;DiliD Raosaheb Deshmukhand Mon!SJe^linRaiesHv^LalJh^»Mrar..)J. , 'Gr.AtiDealNo. 332/1997 Appellant : State of M.P., thmygh P.S. Surajpur, Distt^Sarguja(M.P.) Versus Resoondent : Babulal, S/o Balam Ram Gond, aged 40 years, R/o Deonagar, P.S.Surajpur, Distt.Saiguja(M-P.} APPLICATION FORGRANT OF LEAVETO APPEAL UNDER SECTION 37831 OF THECR.P.C. ANDCRmiNALAPPEAL UNDERSECTION378(t»CR.P.C7 Present : AppellanVState byShri Praveen Das, Dy. Govt. Advocate. Respondent - Babulal was produced from the Cenfral Jail, Ambikapur. ORALORDER (Passed on 17'" Jufy, 2009) The following oral order of the Court was delivered by Dilip Raosaheb Deshmukh,.!. ^ .. . ' . • .' •• ' • Leave to file appeal was granted on 12.02.1997. 2. This appeal is directed against the judgment dated 03.09.1994 delivered in Sessions Case No. 4^/1993 by the Additional Sessions Judge, Surajpur whereby the respondent was acquitted of the charge under Secfion 302 and 201 ofthe I.P.C. 3. This appeal is heard finally. 4. ShriYPraveen Das, |earned Dy. Govemment Advocate for the appellany^tate has not been able to pointoutany material from the record which weuld go to show that the deceased Kabilaso Bai had died a homicidal death or that ttie respondent had caused disappearance of evidence of murder. The respondent stated before us that he is innocent. 5. We haVe perused the record of Sessions Case No. 449/1993. From the testimonyiof Dr. K.N.Sharma P.W.12, it could not be inferred that Kabjlaso Bai had died a homicidal death. Theprosecution did not ask any question to Sodhan P.W.4 regarding the extra judicial confessjon alleged by ttie prosecution to have been made by the respondent. There isthus no material on record to prove the guiltof the respondent under Sectjon 302and201ofthel.P.C.- 6. Theacquittaloftherespondentiswellmerited. 7. The appeal is dismissed. •;The respondent shall be reteased forthwith, if not required in anypther case. r—— Sdf- Dilip Raosaheb Deshmukh Judge Sd/- R.L. Jhanwar Judge :y- ?^&''^^?£i3S"Ki^3R"-'33'SK?3i=3ffB^F^^tSF^ >. /