STATE OF MADHYA PRADESH Vs. RAMESH

JUDGEMENT

(1.) THIS appeal under Section 378(3) of the Code of Criminal Procedure, 1973 has been filed by the State assailing the judgment of acquittal dated 12/5/1997 passed by the learned Judicial Magistrate, First Class Jabalpur (MP) in Criminal Case No. 1004/96. By the judgment under challenge, learned trial judge acquitted the respondent, hereinafter referred as 'the accused', from the charges punishable under Sections 186, 294, 332 & 353 of the Indian Penal Code.

(2.) TO appreciate the say of the appellant State, I would like to say that basic case that was placed before the trial Court in nutshell is that on 08/11/1996 when complainant Fattelal performing his official duty, accused Ramesh had obstructed him from performing the official duty and abused him in the public place.

(3.) THE prosecution has examined complainant Fattelal (PW/1), Kotwar Amar Singh (PW/2), Postman Chain Singh (PW/3), SHO, Devendra Kumar Tiwari (PW/4) and Sub Inspector K.B. Singh (PW/5) and exhibited 3 documents to prove his case. During the statement under Section 313 of the Cr.P.C. the accused denied all the evidence put up against him and pleaded his innocence. Defence did not examined any witness.