STATE OF M P Vs. RAJU

JUDGEMENT

(1.) The State has filed Criminal Appeal No.301/2002 against accused-Raju and Criminal Appeal No.2181/2003 against accused Jhabbu and others. Both appeals arise out of the judgments dated 19.07.2001 and 18.10.2001 passed by the First Additional Sessions Judge, Sagar in Sessions Trial No.108/2000, whereby the respondents/accused persons were acquitted by the trial Court from the charge under Section 436 of the Indian Penal Code (herein after referred to I.P.C.).

(2.) State challenged the aforesaid conclusion of learned trial Court on the grounds that the Court below has wrongly appreciated the evidence of prosecution witnesses. There is sufficient evidence on record to convict the respondents under Section 436 of I.P.C.

(3.) Charge-Sheet under Sections 147, 323 read with Section 149, 436 and 294 of I.P.C. has been filed by the Police Station Baheriya, District Sagar against the respondents alleging that on 11.02.2000 at about 7.45 pm near tempo stand at Karrapur due to enmity of election of Upsarpanch, the respondents committed mischief by fire with intent to destroy the tapare and shops of Bhawanibai, Churaman, Ramnath etc.