S L WARKARE Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) By way of this acquittal appeal filed under Section 372 of the Cr. P. C, the appellant-complainant has challenged the judgment of acquittal dated 14-5-2008 passed by the learned Principal Magistrate, Juvenile Justice Board, Jagdalpur, District Bastar (CG) (for short 'the Board') in Criminal Case No. 97/06 acquitting the respondent No.2 herein, a juvenile, from the charges under Sections 392 & 302 of the Indian Penal Code.

(2.) Case of the prosecution, in short, is the respondent No. 2 has been charge-sheeted before the Board for having committed offence under Sections 392 & 302 of the IPC. It was alleged that on 24-5-2006 the respondent No.2 and co-accused-Pankaj Mishra had left for Jagdalpur along with the deceased Atul Kumar on his motorcycle bearing registration number CG18-ZE-1681. On the way, they got the motorcycle stopped on the pretext of cigarette smoking and thereafter they committed murder of the deceased by assaulting him from banda on his head & neck. They kept the motorcycle of the deceased in the house of Bunty for sale. The Board after considering the evidence available on record acquitted the respondent No.2 from the offence under Sections 392 & 302 of the IPC against which the complainant has preferred this acquittal appeal.

(3.) We have heard learned counsel for the parties and perused the records.