STATE OF H.P. Vs. HIRA SINGH

JUDGEMENT

(1.) THE State has come in appeal against the judgment dated 9.3.1998 passed by the learned Sessions Judge, Shimla in Session Trial No. 35 -S/7 of 1997 acquitting the Respondent.

(2.) THE facts, in brief are that PW -7 Sub Inspector Ram Lal, Police Station, Boileauganj alongwith other police officials was at place Yadgar, totu at about 8.00 P.M. on 2.9.1997. The Respondent was found standing at that place, he tried to give slip to the police but was apprehended. The Respondent was carrying a polythene bag. The Sub Inspector suspected that the polythene bag contained some

(3.) WE have heard the learned Counsel for the parties and have also gone through the record. PW -4 Rajiv Kumar has not supported the prosecution case, he was cross -examined with the permission of the Court. In cross -examination, he stated that nothing was recovered from the Respondent and his signatures were obtained on some papers by the police. He has denied that in his presence the Respondent was apprehended and his search was carried out by the senior most Police Officer present on the spot.