STATE OF M P Vs. TIDDA ALIAS SONU

JUDGEMENT

(1.) FEELING aggrieved with the judgment of acquittal of the respondent from the offence punishable under Section 457/511 and 333 of IPC, dated 11th April 2008 passed by the First Additional sessions Judge, Ashok Nagar in Sessions Case no. 280/07, this petition has been filed on behalf of the State under Section 378 (3) of the Cr. P. C. for seeking permission to file an appeal against the aforesaid judgment of acquittal.

(2.) THE facts of the prosecution case in brief are that Prabhashankar and Gopal singh both the Police Constable were on kasba Gashta in the intervening night of 8-9 June 2007. When they reached near the shop of Vipin Mobiles, they heard some noise. When they reached there, they witnessed that two persons were trying to break open the shutter. One of them pelted stone, by which Prabhashankar sustained grievous injury below his left knee. He fell down. Both unknown persons ran away. Upon hearing the noise, Ravindra raghuvanshi and Ishwarlal also came on the spot. Thereafter a report was lodged by prabhashankar. Crime No. 73/07 was registered at Police Station, Nai Saray, District ashok Nagar. During investigation, respondent Tidda alias Sonu and another person shyam alias Shyamkishore were arrested. Shyam being juvenile complaint against him was filed before Juvenile Court and chargesheet against the respondent was filed in the regular court. After committal of the case, the respondent was tried for the aforesaid offences and acquitted as aforesaid.

(3.) SHRI Mohd. Irshad for the State has assailed the impugned judgment on the ground that vide identification Memo (Ex. P1), the respondent was identified, which has been proved by N. P. Mourya (PW9), who is the Investigating Officer. On that basis, the respondent ought to have been convicted.