STATE OF CHHATTISGARH Vs. MUSTAK AHMAD KHAN

JUDGEMENT

(1.) Heard.

(2.) The applicant/State is aggrieved by the acquittal of the respondent, recorded by the Judicial Magistrate, First Class, Manendragarh, in Criminal Case No. 142/2000, for the charges punishable under Sections 294 and 324, IPC.

(3.) The prosecution allegations were that in relation to timings of departure of buses, there was some altercation between the complainant and the accused. The accused after oppressing the complainant, dashed his hand against the body of the vehicle and caused him an injury by finger nails. It appears that because of some settlement out of the Court, the complainant did not support the prosecution and was declared hostile. He stated before the Court that because of certain altercation, he had suffered some injuries, but neither the accused dashed his hand against the body of the vehicle, nor caused him injuries by finger nails. The prosecution had examined P.W. 2 Dr. Pooran Singh to prove the nature of the injuries, the doctor observed that the injuries could be caused by fall. It is noteworthy that the complainant did not even prove or support the First Information Report lodged by him. The Trial Court after taking into consideration the conduct of the complainant and the other attending circumstances, acquitted the accused. The Stale is aggrieved by this acquittal.