STATE OF M P (NOW CHHATTISGARH) Vs. CHAMANRAM

JUDGEMENT

(1.) The present Criminal Appeal has been preferred challenging the judgment dated 10.8.1998 passed by the Judicial Magistrate Second Class, Ambikapur in Criminal Case No.211 of 1998, acquitting the Respondents of the charges under Sections 147, 325, 149, 323, 149 IPC.

(2.) Case of the prosecution in brief is that on the date of incident i.e. on 1.1.1996 in the night at around 9:00 pm, the Respondents-accused persons is said to have assaulted the complainant, Khulur Ram (PW-1) causing injuries upon him. An FIR in this regard was lodged before the Police Station, Ambikapur on 2.1.1996 at around 4:45. Subsequently, a case was registered against the accused persons and put to trial in Criminal Case No.211 of 1998 before the Judicial Magistrate Second Class, Sarguja. The Court below after recording of the evidence, vide impugned judgment dated 10.9.1998 acquitted the accused persons of the charges that were levelled against them, leading to the filing of the present appeal by the State.

(3.) Assailing the impugned judgment, learned Counsel for the Appellant-State submits that there were ample evidence led on behalf of the prosecution but the Court below has not properly appreciated the same and has in a mechanical manner taken a liberal view and acquitted the Respondents/accused persons. He further submits that the complainant (PW-1) himself has been examined before the Court below and he has specifically named the accused persons to have assaulted him and his deposition also has not been properly considered by the Court below. It was further submitted that the medical evidence has also been led by the prosecution to substantiate the injuries sustained by the complainant Khulur Ram (PW-1) which also has not been properly appreciated by the Court below.