STATE OF UTTARAKHAND Vs. HARDEEP SINGH

JUDGEMENT

(1.) THIS is an application for leave to appeal filed by the State against the judgment and order dated 22. 11. 2005 passed by the learned First Additional Civil Judge (Junior Division)/judicial Magistrate, Haridwar in Criminal Case No. 29/2003 State Vs. Hardeep Singh and Others whereby the respondents namely, Hardeep Singh, Awatar Singh and Kashmir Kaur were acquitted from the offence punishable under Sections 394 and 411 I. P. C.

(2.) IN nutshell, the prosecution case is that complainant Dharmendra-the taxi driver of Tata Sumo bearing no. 08 C-03387, lodged a report to the Police Station Shyampur District Haridwar on 1. 11. 1999 at about 23. 50 hours alleging therein that on 1. 11. 1999 at about 5. 30 pm three persons namely Awatar Singh, Mona, Sardar and one lady having a child booked the said vehicle for Kashipur. When they reached near Pili Nadi, Shyampur (Haridwar), one of the occupants of the vehicle asked the complainant Dharmendra (driver) to stop the vehicle. When the complainant stopped the vehicle, one of the occupants snatched the key of the vehicle from him. Thereafter, the driver/the complainant was thrownout from the vehicle and the occupants fled away with the vehicle. Consequently, complainant Dharmendra reached at the police station and lodged a written report. The police investigated the matter and after the completion of the investigation, the chargesheet was submitted against the respondents accused. The respondents accused denied the charges and claimed for trial.

(3.) THE prosecution in order to prove its case examined Dharmendra PW1, Constable Pramesh Kumar PW2, Sub-Inspector D. P. Singh PW3, Constable Rajkirti Singh PW4 and Ravindra Kumar Chamoli PW5. Dharmendra PW1 is the eyewitness of the incident whereas Constable Pramesh Kumar PW2, Sub-Inspector D. P. Singh PW3 and Constable Rajkirti Singh PW4 are the witnesses with regard to the recovery of the vehicle and arrest of the accused persons.