(1.) THIS is an appeal by the State of Assam against an order of acquittal passed by the learned First Class Special Magistrate of Shillong, acquitting the accused Ramani Mohan Chanda in a case in which he had been charged under Section 161, I.P.C.
(2.) MR . Medhi who appears for the State contends that the learned Magistrate committed an error of law which has resulted in an erroneous acquittal. He contends that the evidence of P. W. 7 Abdul Wahab Khan has been wrongly omitted from consideration by the learned Magistrate, having regard to the fact that it was not possible to produce P. W. 7 for cross -examination.
(3.) THE result is that the appeal is dismissed.