Mohd Saif

Negated the finding of the highcourt as would place of occurrence learned counsel
submitted that the high court considers the case in its proper perspective in perusal entirely
would clear the place of occurrence and that the prosecution has succeeded in probing the
guilt from all reasonable doubt evidence on record the investigating officer had called place
of incidence seen for examination the in this whom find on the same even the evidence of
eye-witnesses PW 1 Bhola singh and PW 2 Baidhnath Singh that on the said aspect and
establish was not wrong to raise dispute on the place of occurrence contending futher on
the doubt raised by the high court on the timing of the incident learned counsel submitted
that the high court call of lot of emphasis on the presence of semi digestive food in the
medical report and has held that protect totally the case of prosecution with regard to the
time of occurrence of offence whereas the Doctor in there examination in chief as clearly
stated that might have taken place at 8 Am thus the high court erred regarding finding for the
reason contrary to the evidence particularly for the reason that in village generally people
wake up early in the morning and start work early after having breakfast the presence of half
digested food cannot be probable ground arrived at the conclusion that the deceased must
have died at night. Learned counsel finally submitted that for all the aforesaid reason the
high court ought not to have interfered to the well reasoned judgment of the trial court in
respect of all his submission learned counsel has place on various authorities of this court.

The learned senior counsel for the said contention of the appellant and conceded that the
high court erred and acquitting the respondent accused circumstance and material
evidence which clearly establish call of the accused according to him . the high court utterly
the said general that the FIR was lodged at 9:15 am evidence both the eye witness that is
PW 1 and PW 2 relief were corroborated by the medical evidence the injured ganga singh was
givng by the prosecution but medical by PW 6 on the same ground corrobrated .