STATE Vs. KAMAL @ KAKE & ORS

JUDGEMENT

(1.) The State seeks leave to appeal against the judgment and order dated 9 th September, 2010 in S.C No.196/09. By the impugned judgment, the respondents/accused were acquitted for having committed the offences punishable under Sections 395/397/120-B IPC.

(2.) The prosecution alleged that the respondents/accused were initially arrested in another case i.e. FIR No.265/2004, P.S. Uttam Nagar pertaining to the offences punishable under Sections 399/402 IPC. Apparently, they made disclosure statements connecting them with another offence which is the subject matter of the present case. It was stated that they had stolen a Car bearing registration No.DL-3C 5691 in furtherance of their common intention and looted ' 1,92,000/- on 03.03.2004 at about 11:15 AM at Fateh Nagar Road, near Kuraghar, Jheel Wala Park from the complainant (PW-2) Inderjeet @ Sarjeet Singh . The latter was an employee of Saksham Motors Petrol Pump. The accused/respondents were allegedly armed with katta. The prosecution also alleged that the accused Mahender @ Chinu was found in possession of one green colour mobile phone (Nokia) 2280 No.36070416, which he retained knowing that it was a stolen property. The prosecution collected the material evidence and charged the respondents for having committed the aforesaid alleged offences.

(3.) The respondents/accused denied the charges and claimed trial. The prosecution relied upon the testimony of 21 witnesses including the complainant, who was the sole eye witness to the incident in which he was looted to the tune of ' 1,92,000/-. The money had been taken out from the petrol pump. After considering the materials on record, the Trial Court acquitted all the accused.