On appeal preferred by the respondent, the High Court acquitted the respondent by setting aside the companyviction and the sentence imposed therefor by the trial Court on the following reasons The axe and the dhoti seized from the respondent by PW 15 the presence of PW 8 is number found to have been stained with human blood.
The accused before the trial Court denied his companyplicity with the offence and stated that numberstatement was recorded from him.
Meanwhile as per the prosecution, the respondent went to the police station where PW 15 the Head Constable recorded his statement under Ex.
PW 3 who is numbere other than the father in law of PW 2, even being informed about the incident, did number go to the police station.
P 21 and recovered the axe, Article E in the presence of PW 8 under memo Ex.
The deceased was the widow of the respondents elder brother Birbal and after the death of Birbal the respondent remarried the deceased.
This appeal is directed by the State of Madhya Pradesh on being aggrieved by the judgment of the High Court of Madhya Pradesh at Jabalpur rendered an Criminal Appeal No.
In fact, PW 3 was number on good terms with deceased sister.
Some time after the marriage, the respondent wanted to dispose of the immoveable property which the deceased inherited from her first husband.
The evidence of PWs 1 and 2 is number companyent and reliable.
PW 13 took up the investigation and proceeded with it.
On the basis of Ex.
The deceased did number agree to the proposal of the respondent.
P 21, a case was registered.
