STATE OF M.P. Vs. KALBINDAR SINGH

JUDGEMENT

(1.) THIS criminal appeal is directed against the order of acquittal dated 14.2.1994 passed in Cr. Case No. 4548/93, whereby the learned Chief Judicial Magistrate, Durg has acquitted the respondents from the charges under Sections 186, 353, 294, 506, 341 and 506 read with Section 34 of the IPC.

(2.) PROSECUTION case, in short, is that in the night of 20.9.1990, Sanjay Kumar Agrawal, Sub-Inspector, Excise Department along with staff raided the Reegal Hotel, Bhilai in connection with illicit sale of liquor. After recovering illicit liquor from the hotel, Sanjay Kumar Agrawal took further steps for its seizure. At that time respondent- Kalibinder Singh, owner of the hotel, abused, threatened and obstructed Sanjay Kumar Agrawal in discharging his duty. Rest of the respondents armed with lathi came there and they also threatened, abused and obstructed Sanjay Kumar Agrawal in discharging his official duties. Even when respondent Kalbinder Singh was arrested and was being taken from there in the vehicle, the other respondents stopped the vehicle and threatened Sanjay Kumar Agrawal and obstructed him.

(3.) I have heard learned counsel for the respective parities and have also perused record of the Court below.