STATE OF H P Vs. SHYAM LAL

JUDGEMENT

(1.) THE respondent was put on trial, for an offence punishable under Section 16 of the Land Preservation Act, 1978, (hereinafter to be called as "the act"), in a Police challan No.23-2 of 1997 in the court of Judicial Magistrate Ist Class, Court No.2, Rohru, District Shimla. Vide its detailed judgment, the respondent was acquitted on 9.7.1999.

(2.) THE State felt aggrieved and dissatisfied with the judgment of acquittal, filed the instant appeal, on the grounds that the trial court had discarded the testimony of the prosecution witnesses on untenable grounds and further that most reliable evidence of the prosecution was brushed aside without cogent reasons.

(3.) SHRI M A Khan, learned Deputy Advocate General, has forcibly argued that the evidence of the prosecution was not appreciated by the trial court in its right perspective, which has resulted into miscarriage of justice. Since there are grounds to convert the impugned judgment of acquittal into conviction, the appeal deserves to be allowed.