STATE OF MADHYA PRADESH Vs. DINESH

JUDGEMENT

(1.) THIS appeal under Section 378 of the Code of Criminal Procedure, 1973 (in short the Code) has been filed by the appellant/State against the judgment of acquittal dated 24 -08 -2002 passed by learned Judicial Magistrate First Class, Guna in Criminal Case No.1029/1998 whereby respondent was acquitted of the offence punishable under Sections 341, 323, 294, 506 -B of IPC. This Court vide order dated 17 -09 -2003 passed in M.Cr.C.No.2317/2003 has granted leave to appeal to the appellant/State to file the present appeal against the judgment of acquittal passed by trial Court.

(2.) THE prosecution case, in brief is that on 17 -01 -1997 respondent/accused had wrongfully restrained the complainant - Arun Namdev, abused him and threatened to life. FIR was lodged by the complainant and crime No.39/1997 was registered at police station Guna for the offence stated above and after completion of investigation, charge -sheet was filed by the police.

(3.) DURING the trial, the accused person pleaded not guilty to the charge and contended that he had been falsely implicated.