LALIT KUMAR NAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CRIMINAL Revision No. 119 of 2005 and M.Cri.C. No. 2051 of 2005 filed against the judgment of acquittal dated 31-1-2005 passed by 2nd Additional Sessions Judge, Mahasamund in S.T. No. 321 of 2003 are being disposed of by this common order.

(2.) BY filing criminal revision under Section 397/401 of the Cr.PC, the applicant has challenged the legality and propriety of the judgment of acquittal of respondent Nos. 2,4 and deceased respondent No. 3 and by filing M.Cri.C. No. 2051 of 2005, petitioner/Investigating Officer of the case has prayed for expungement of the remarks passed by the Trial Court in Para 38 of the judgment impugned.

(3.) STATEMENTS of witnesses were recorded under Section 161 of the Code of Criminal Procedure (for short "the Code") After completion of investigation, charge-sheet was filed against the respondent Nos. 2, 4 and deceased respondent No. 3 in the Court of Judicial Magistrate First Class, Saraipali for the offence punishable under Sections 304-B and 34 of the IPC. After hearing the parties, the Trial Court has framed charges of the offence punishable under Section 304-B of the Code. After trial, the Court below has acquitted the respondent Nos. 2, 4 and deceased respondent No. 3 and while acquitting the respondents the Trial Court has passed the following stricture against the Investigating Officer Goverdhan Singh Thakur in Para 38 of the impugned judgment which reads as under :- <IMG>JUDGEMENT_105_MPHT(CHH)1_2013img1.jpg</IMG>