STATE OF HIMACHAL PRADESH Vs. HIRA NAND

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure in reference to judgment dated 16.5.2000, passed by the learned Judicial Magistrate Ist Class Court No. 2 Rohru District Shimla in police Challan No. 73 -2 of 1995, under Sections 25, 27 of the Indian Arms Act and 382 read with Section 34 Indian Penal Code in reference to FIR No. 219 of 1995 dated 13.8.1995, acquitting the accused/Respondents for the aforesaid offences.

(2.) THE prosecution case in brief is that Thankari Devi on hearing dog barking came out and noticed that sheep was taken by three persons. On making noise, sheep was left and persons ran -away. On hearing noise, her grand -son Rakesh Kumar and daughter -in -law Birma Devi also came on the spot. The moment they reached at the spot, fourth person, the person holding a gun, pointed out the gun towards Rakesh Kumar but both Rakesh Kumar and Birma Devi escaped however, they snatched the gun. The person after having been over powered disclosed his name as Hira Nand.

(3.) IN order to prove its case, prosecution examined as many as ten witnesses. PW1 is Smt. Thankari Devi, PW2 is Smt. Birma Devi, PW3 is Shri Thonku Ram, PW4 is Shri Bhagmal, PW5 is Shri Bhagwan Singh, PW6 is Shri Mohinder Singh, PW7 is Shri Rakesh Kumar, PW8 is Shri Daulat Ram PW9 Shri Abdul Rashid as Investigating Officer and PW10 Om Parkash.