STATE OF HIMACHAL PRADESH Vs. JAI SINGH

JUDGEMENT

(1.) THE conviction and sentence of the respondents passed by the learned trial Court under Sections 147, 451, 324, 325, 506 read with Section 149 of the Indian Penal Code, in P.C. No. 85 - II of 1999 decided on 12.9.2002/22.10.2002, was set aside by the learned Additional Sessions Judge, in Criminal Appeal No. 30 of 2002 vide its detailed judgment resulting into the acquittal of the respondents. The State felt aggrieved by the impugned judgment in appeal by the learned Additional Sessions Judge, as such filed the present appeal.

(2.) SHRI A.K. Bansal, learned Additional Advocate General, forcefully argued the learned appellate Court wrongly set aside the impugned judgment of conviction and sentence passed by the learned trial Court by setting unrealistic standard to evaluate the direct and cogent prosecution evidence. The statements of the injured witnesses were wrongly discarded on the ground of material improvements and embellishment, whereas there were none. Therefore, prayed for restoring the judgment of conviction passed by the learned trial Court.

(3.) I have given my thoughtful consideration to the rival contentions of the parties and have carefully gone through record.