STATE OF UTTARAKHAND Vs. NARESH CHANDRA BAUNTHIYAL

JUDGEMENT

(1.) This appeal, preferred by the Government u/s 378 (3) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 18.07.2005 passed by the J.M. 1st Kotdwar, District Pauri Garhwal, in Criminal Case No.358/2001, State Vs. Naresh Chandra and others, whereby the learned Magistrate acquitted the respondents under Sections 323, 341, 352, 504, 506 of IPC.

(2.) Facts, to the limited extent necessary, are that PW1 Mahesh Chandra submitted an information Ex. Ka1 to Revenue Inspector, Sheila Devi Khal, Garhwal on 22.05.2001 against the respondents, accordingly, Chick FIR Ex.Ka-3 was lodged at Revenue Circle Sheila on 22.05.2001 at 3 p.m. After the investigation, charge sheet Ex.Ka-7 was submitted against the respondents, accordingly, cognizance was taken on 28.06.2001 by the concerned Magistrate. After giving necessary copies to respondents as provided under Section 207 Cr.P.C., charges under Sections 352, 323, 341, 504, 506 IPC were framed. The respondents denied the allegations and claimed to be tried.

(3.) The prosecution produced PW1 Mahesh Chandra(Informant), PW2 Chandi Prasad, PW3 Gopal Singh Adhikar, PW4 Anushiya Prasad, PW5 Vijay Prakash and PW6 Dharambeer Singh.