TULARAM PATEL Vs. KISHORI @ KISSU & ORS

JUDGEMENT

(1.) This application has been preferred under Section 378(3) of the Cr.PC. for grant of leave to appeal against the order passed by the III Addl. Session Judge, Damoh vide judgement dated 12.08.2015, in Session Trial No. 54/2012, whereby the accused respondents has been acquitted from the charges under Section 394 of IPC.

(2.) Heard learned counsel for the parties. Perused the record.

(3.) Learned counsel for the applicant contended that the respondents were acquitted by the Trial Court from the offence punishable under Section 394 of Indian Penal code on the ground that there are so many lacunae in the prosecution evidence including material contradicts and omissions between prosecution witnesses. Even though, the main prosecution witnesses are related witness.