STATE OF CHHATTISGARH Vs. NANKIRAM DEWANGAN

JUDGEMENT

(1.) HEARD. The State has filed this petition under section 378 (3) of the Code of Criminal Procedure for grant of leave to file an appeal against the judgment of acquittal dated 29. 9. 2006 passed by the Judicial Magistrate first Class, Janjgir, in Criminal Case No. 493/2005.

(2.) THE p'etition is barred by limitation of 405 days and I. A. No. 01/08 has been field for condonation of delay in filing the petition.

(3.) THE brief facts are that charges were framed under Sections 294, 506 Part-II and 447 of IPC against the respondents on accounts of an alleged incident, which took place at about 2:00 p. m. on 8. 11. 2001 in village-Pamgarh. The allegations are that they abused the complainant namely dushyant Kumar (PW2), threatened him and also demolished the wall, which was being constructed on the directions of the complainant. The complainant claims that the wall was being constructed on his own land and such action of the respondents was punishable under the aforesaid Sections of ipc. After conducting trial, the trial Court, on the face of evidence of defence witnesses namely Ram Kumar Keskar (DWl) and deendayal Bashkar (DW2), disbelieved the version of the complainant-Dushyant kumar (PW2) as also his father Tikaram (PW1) and recorded a finding that in fact, the presence of the accused persons at the place of occurrence is doubtful and the accused persons are entitled for acquittal in this case.