BHOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rattan Singh and Bhoop Singh were tried by the court of learned Sessions Judge, Bhiwani, for the offences punishable under Sections 307/323/326/452/34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 25/27 of the Arms Act and on account of having found the prosecution to have failed to fix their guilt, they were acquitted of the charge against them, vide judgment dated 31.03.2008. Facts situation, as noticed in para 2 of the impugned judgment by learned trial Court, is as under:-

(2.) The matter was investigated into and statements of witnesses were recorded. Challan was filed and accused were charge-sheeted for the offences punishable under Sections 307/323/326/452/34 IPC and Sections 25/27 of the Arms Act. On a plea of not guilty and a claim for trial being put up by the accused, prosecution examined seven witnesses. However, the material witnesses, namely Smt. Chander Kalan, Chetan and Dr. Jitender Kumar, did not support the prosecution case and, accordingly, the accused were acquitted, as aforesaid.

(3.) However, while acquitting the accused, learned trial Court directed that the case property, including a licensed gun belonging to Bhoop Singh, be confiscated.