STATE OF HIMACHAL PRADESH Vs. SUKHPREET SINGH

JUDGEMENT

(1.) THE acquittal of respondents in Session Trial No. 23 -S/7 of 2004/2003 by Additional Sessions Judge, Fast Track Court, Shimla on 15.3.2005 has been assailed in appeal by the State.

(2.) The prosecution case, in brief, is that on the statement Ex.PM under Section 154 Cr.P.C. of PW -13 Gurchet Singh, FIR dated 20.8.2003 Ex.PK was registered. The further prosecution case is that on 20.8.2003 PW -13 complainant a transporter had come to Shimla to have deliberations with Sub Divisional Magistrate (Urban), Shimla for transportation of apples. He came in Scorpio Jeep No. CH -03K -5979 alongwith PW -14 M.K. Sishodia, Rattan Lal, Sachin, Gurender Singh, two sons of M.K. Sishodia and two gun men who were provided to M.K. Sishodia by Kalka Police.

(3.) AT about 3.00 p.m. the complainant etc. were proceeding to take food and were near Shimla Watch Company on the Mall Road. Summy, Sukha alias Sukhpreet, Bobby, Pondy, Mani, Bharat Bhushan alias Kaku and Bawa Amarjit Singh were seen there. Summy and respondent No. 1 were armed with swords. There were 10 -12 other boys who were accompanying Summy etc. and were having rods and knives. Summy and respondent No. 1 attacked the complainant and PW -14 with swords.