C.M. Application No. Nil of 2004

Heard learned Additional Government Advocate for the State-appellant and perused the record.

2. Learned Additional Government Advocate submits that in a murder case the accused-respondents have been acquitted on the basis of minor contradictions, lapses on the part of the Investigating Agency and such technical reasons. He further submits that the occurrence took place within the market, two eye witnesses were examined on behalf of the prosecution and without any cogent reasons they have disbelieved. He further submits that dying declaration recorded by the Investigating Officer has also been discarded without any cogent reason. The impugned judgment is against the material on record and law settled by the Apex Court.

3. We have perused the lower record record.

4. On 18th October, 2002 at 6.00 PM, Ram Singh was murdered, four persons were named by his brother, weapon of murder was also recovered on the pointing out of one of the accused-respondent. From the perusal of testimonies of prosecution witnesses, we notice that the first informant P.W.1 and Raju P.W.2, both have supported the prosecution version, it was duly corroborated by the medical