The prosecution must prove guilt beyond reasonable doubt; failure to do so results in acquittal.

This appeal under Section 378 of Cr.P.C . has been filed by the appellant against the order dated 23.11.2007 passed by the learned Additional Sessions Judge, Begamgunj District Raisen in S.T. No.222/2005, whereby the respondents have been acquitted for the offence punishable under Sections 302 of IPC .

2. Learned counsel for the appellant content that on 07.09.2005, one Ramesh who is father of the deceased lodged an information with police station, Bamhori that his son left the house around 3:30 p.m. in the evening and did not come back. It was further mentioned that later on, slipper of the deceased was found at the Well adjacent to property of Bahadur Singh. The dead body of the deceased was taken out. Later on, as the respondents were found to be running from the place of incident, they were implicated. After filing of the charge sheet, the trial was conducted. After completion of trial, the trial Court vide judgement dated 23.11.2007 acquitted the present respondents. Thus, assailing the judgement of acquittal, this appeal by the State.

3. It is contended by the counsel for the appellant that in the present case, the trial Court ought to have dealt with the testimonies of Hari Narayan (PW-1) and Ramesh (PW-2). It is contented by the counsel that the testimony of Ramesh (PW-2) reveals that Hari Narayan had told him that he had seen the accused persons running from the place of incident. It is also contended by the counsel that one urn (lota) was also seized from the possession of the accused persons. It is also contended by the counsel for the appellant that testimony of Hari Narayan (PW-1) was dealt with in paragraph 9 by the trial Court and the trial Court ought to have appreciated that the accused persons were seen near the well in which, the deceased was found. However, the trial Court did not rely upon the testimonies of Hari Narayan (PW-1) and Ramesh (PW-2) and concluded in paragraph 18 that as there was no injury on the person of the deceased, it was not a case of murder.

4. It is contended by the counsel for the appellant that the trial Court was further required to deal with the testimony of Bahadur Singh Chowkidar (PW- 3). The entire testimony of Bahadur Singh (PW-3), ought to have been appreciated by the trial Court. It is contended by the counsel for the appellant that as there is no proper appreciation of evidence by the trial Court and the findings are not based on any material, therefore, the judgement of acquittal is unsustainable and deserve to be set aside.

5. Per contra, learned counsel for the respondents contends that the present appeal filed by the appellant deserves to be dismissed. It is contended by the counsel for the respondents that the trial Court after sifting the evidence carefully and after dealing with the testimonies of each prosecution and defense witnesses rightly concluded in paragraph 18 that there was no injury on the person of the deceased. The trial court also found substance in the defense version that after taking the dead body out of the well, the hands were tied by a thin rope (chindi). Learned counsel for the respondents also submits that the testimonies of Hari Narayan (PW-1) and Ramesh (PW-2) and Bhadur Singh (PW-3)were also dealt with by the trial Court in paragraph 19 and thus, concluded that there was complete failure on the part of the prosecution to prove that the respondents had committed the offence. Thus, counsel submit that no interference is warranted.

6. No other point is pressed or argued by the parties. 7. Heard the submissions and perused the record.

8. A perusal of the record reflects that the present respondents were sought to be prosecuted on the ground that they were found around the place of incident. The place of incident was being shown as a Well, which was situated adjacent to land which was owned by one Bahadur Singh. Bahadur Singh also stood as a witness as (PW-3) in the witness box. In support of the prosecution, the statements of Hari Narayan (PW-1) a