STATE OF HIMACHAL PRADESH Vs. BALWINDER SINGH

JUDGEMENT

(1.) Challenging the acquittal of both the accused for attempt to commit robbery, armed with deadly weapon and criminal intimidation, the State has come up before this Court.

(2.) Based upon the statement of the investigator PW-13, SI Dalip Singh, the case of the prosecution unfolds as under:-

(3.) The investigator came to know that accused Dilawar A-2 was lodged in Hoshiarpur. After that his production warrants were obtained and he was also arrested in that case. Order dtd. 16/6/2004, reveals that accused Sham Lal was on bail, however, he was present on the said date. As per order dtd. 22/6/2005, accused Sham Lal continued to appear in the Court, however as revealed from order dtd. 4/10/2005, the accused were not present. Subsequently, the Court issued non-bailable warramts. Vide order dtd. 12/9/2006, the proclamation was issued against the accused persons under Sec. 82 Cr.P.C. Vide order dtd. 10/10/2007, the trial Court declared the accused as proclaimed offenders. After that the trial Court proceeded to record the statements of witnesses under Sec. 299 Cr.P.C. and vide judgment dtd. 20/12/2007, the file qua A-1 Shyam Lal and A-3 Dilawar Singh was consigned to the record room under Sec. 299 Cr.P.C.