Manish

Negating the finding of the High Court as to the place of occurrence learned counsel submitted that the High Court did not
consider the case in its proper perusal of entire evidence on record would clearly establish the place of occurrence and that
the prosecution has succeeded in proving the beyond all reasonable doubt. The evidence on record clearly relief that the
Investigating Officer had recovered the blood stained roll of the clay and the plain clay from the place of which was sent for
examination wherein was found on the same. Even the evidence of PW-1 Bhola Singh and PW-2 Baijnath Singh is very much on
the said aspect and, therefore, the High Court was to raise a dispute on the place of occurrence. Contending further on the
raised by the on the time to incident, learned counsel submitted that the High Court has laid a lot of on the persons of semi-
digested food in the medical report and has held that the case of prosecution with regat time of occurrence of the offence
whereas the doctors in their examination In chief have clearly stated that the incident might have taken place at 8 a.m. Thus
the High Court a finding contrary to the evidence for the reason that in village people wake up early in the morning and start
work early after having breakfast to arrive at a conclusion that the deceased must found died at night. Learned counsel finally
submitted that the High Court ought not to have interfered with the well reason udgment of Trial Court. In support of his
submissions, learned counsel placed reliance on of this learned counsel for the State supported the contention of the
appellant that the High Court erred in acquitting the respondents accused circumstances and material evidence which clear
established the guilt of . According the High Court has utterly failed to consider the genuin facts that FIR was lodge at 9.15
a.m. immediately after the incident without any delay,Evidence of both the eyewitness i.e. PW-1 and PW-2 were as their
statements corroborated by the medical evidence; Ganga Singh though could examin by the prosecution but had been
medical examined by PW-6 on the same day the prosecution story and the of the accused to the crime was as they were
with the victim party in respect of a land . counsel, therefore that consideing the abundant and evidence Available on , this
Court should exercise its powers under Article 136 of the Constitution Of India and set aside the impugned judgment and order
by convicting the accused.