BHUPINDER SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) The accused Bhupinder Singh, Piare Lal, Vijay Kumar, Amarjeet Singh, and, accused Kaptan Singh, faced trial for charges drawn against them under 397, 342 of the IPC, and, under Section 25 of the Arms Act. The learned Additional Sessions Judge, Fast Track Court, Una, upon, Sessions Case No.14/08, as arose from FIR No. 475 of 2003 of 31.07.2007, lodged at Police Station Una, proceeded to make a verdict of acquittal in favour of the accused. The State of Himachal Pradesh is not aggrieved from the afore made verdict of acquittal by the learned Addl. Sessions Judge concerned, and, obviously, the afore made verdict of acquittal acquires conclusive and binding effect.

(2.) In the operative part of the verdict, drawn by the learned Additional Sessions Judge concerned, he had also ordered that the air pistol, Ex. P-1, Kirpan, Ex.P-2 be destroyed, and, had further ordered that currency notes valuing Rs.50,000/-, and, recovered through Ex.PW10/C, be confiscated to the State of H.P. The appellant Bhupinder Singh is aggrieved, from the afore made order, appertaining to the confiscation of currency notes, valuing Rs.50,000/-, and, recovered through Ex.PW10/C, to the State of H.P. He claims that the afore made order is legally infirm. Obviously, he claims that it be quashed and set aside, and, this Court proceed to release the afore sum in his favour, as, he is the lawful owner thereof.

(3.) The learned trial Court in its conclusive, and, binding verdict made, upon, Sessions Case No. 14/08, on 29.7.2009, had concluded that there was no evidence existing on record, that the currency recovered through Ex.PW10/C, and, carrying a value of Rs.50,000/-, became looted from the bank by the accused. Therefore, the learned trial Court had made an order of acquittal upon all the accused.