STATE OF MADHYA PRADESH Vs. SONU GUPTA

JUDGEMENT

(1.) BY means of filing the present application for leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973, the State has assailed the order of acquittal passed by the learned Addl. Sessions Judge, Panna (MP) in S.T. No. 56/09 decided on 25/02/2010. By the judgment under challenge, learned trial judge acquitted the respondents, hereinafter referred as the accused, from the charges of offence punishable under Sections 147, 427, 435 of the Indian Penal Code and Section 4 of Damage to Public Property Act, 1984.

(2.) TO appreciate the say of the applicant/State, I would like to say that basic case that was placed before the trial Court in nutshell is that on dated 19.07.08 between 20.00 hours to 20.30 hours, about 100 persons including accused/respondents came to sub -station and protested regarding electric power cut and abused to workers of substation. It is also alleged that this mob including accused entered in sub -station control room and damaged the property amounting to Rs. 30,000/ -. A written report of the incident was lodged at PS -Ajaygarh at 2.00 AM on 20.07.08 by complainant Peer Khan and Crime No. 148/08 was registered against the respondents for offence punishable under the aforesaid sections. After completion of due investigation they have been charge -sheeted.

(3.) THE prosecution has examined D.K. Khare (P.W. 1), complainant Peer Khan (P.W. 2), Sunil Kumar Verma (P.W. 3), L.P. Kashyap (PW. 4), Lalmani Sen (P.W. 5) and B.P. Ahirwar (P.W. 6), and exhibited 16 documents to prove its case. During the statement under Section 313 of the Cr. P.C. the accused denied all the evidence put up against them and pleaded their innocence.