THE STATE Vs. ADESH KUMAR GARG

JUDGEMENT

(1.) THIS appeal, preferred by the State/appellant under Section 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 12.9.1996 passed by Additional Chief Judicial Magistrate IInd, Dehradun in Criminal Case No. 871/1996, State v. Adesh Kumar, whereby the learned Addl. Chief Judicial Magistrate II acquitted the respondent under Sections 279/337/338/427 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.).

(2.) I have heard Sri M.A. Khan, learned brief holder for the State/appellant as well as Sri Gopal Dutt Joshi, Advocate holding brief of Sri Lokendra Dobhal, learned Counsel for the respondent. Perused the entire material available on record.

(3.) AFTER that the statement of the accused/respondent was recorded, the particulars of the offence of which he was the accused was stated to him. However, he denied the particulars of the offence made against him and wishes to face the trial.