STATE Vs. PARMOD KUMAR & ORS.

JUDGEMENT

(1.) XXXXXXX.

(2.) THE State seeks leave to appeal against a judgment and order of learned Addl. Sessions Judge dated 14.03.2008 in SC No. 318/2006 whereby Respondents, charged for having committed offences under Section 147/148/486/353/332/307/436 and 149 Indian Penal Code, were acquitted.

(3.) AFTER considering the evidence, (which included the version of the official witnesses i.e. PW -1 Satpal, PW -3 Pradeep, PW -6 Sohanbir and PW -7 M.S. Sapra) the court concluded that the prosecution was unable to establish its allegations and accordingly the accused were acquitted of the charge. In view of the judgment the court directed that some police officers should be prevented for using force, after overruling their argument of private defence. We have considered the materials on record as well as the submissions of learned Addl. Standing Counsel. We have also benefit of considering the Trial Court record, which was requisitioned for this purpose. The court analyzed the evidence and the testimonies of the prosecution witnesses Pradeep, Dharmender, Sohanbir, Ominder and ACP M.S. Sapra and concluded that the identity of the alleged rioters has not been established and that the Respondents could not be proved to be the offenders beyond the reasonable doubt. The relevant part of the discussion in this regard is extracted below: -