STATE Vs. MOHD SADIQ

JUDGEMENT

(1.) THIS is an appeal by the State against judgment of the Sessions Judge, Badarwah, acquitting the accused for the offence punishable under Section 298 -A R. P C.

(2.) THE appellants counsel submits before me that the appreciation of the evidence by the learned Judge is not proper and that the evidence of investigating Officer should have been accepted We have gone through the judgment and the other materials available. We find that the witnesses who were cited by the prosecution to prove the guilt did not support its case. Almost all the witnessess turned hostile. It would be dangerous in these circumstances to rely upon the evidence of the investigating Officer to fasten the guilt on the accused. We are not satisfied that the judgment under appeal merits reconsideration, and that notice should be issued to the respondent accused. The appeal fails and is hereby dismissed.