STATE OF CHHATTISGARH Vs. SANTOSH TIWARI

JUDGEMENT

(1.) Heard on application for grant of leave to appeal under Sec. 378(3) of CrPC.

(2.) This petition has been preferred against the judgment of acquittal dtd. 7th February, 2019 passed by Chief Judicial Magistrate, Narayanpur, District Narayanpur in Criminal Case No. 143/2017 whereby respondent/accused has been acquitted of the commission of offence under Sections 294, 506 part-II and 186 of the IPC.

(3.) Learned counsel for the State/petitioner would submit that Investigating Officer-Shankar Mandavi (ASI) has been examined as PW-1 in this case whereas other witnesses were not found in their given address, therefore, in the fact situation of the case, the learned trial Court ought to have considered the circumstances and respondent/accused should be convicted for the alleged offences, therefore, looking to the above situation, this is arguable case, therefore, application for leave to appeal be allowed.