STATE OF HIMACHAL PRADESH Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the State of Himachal Pradesh against the Judgment dated 17.12.2009, passed by learned Additional Chief Judicial Magistrate, Chamba, in Criminal Case No. 428 -1/05/2000T/188 -11/05/2000, acquitting the respondent -accused in FIR No. 35/87, dated 16.06.1987 under Ss. 409 and 420 of the Indian Penal Code in Police Station, Bharmaur, District Chamba, H.P.

(2.) Shri. M.A. Khan, learned Additional Advocate General has vigorously contended that the findings of acquittal, recorded by the learned trial court are not based on proper appreciation of the evidence on record.

(3.) On the other hand, learned counsel appearing for the accused has with considerable force contended that the findings of acquittal, recorded by the court below are based on proper appreciation of evidence on record. We have heard the learned counsel for the parties and have gone through the record carefully.