STATE OF H.P. Vs. SUKHVINDER SINGH

JUDGEMENT

(1.) THE instant appeal is directed by the State against the judgment of the learned Additional Sessions Judge, Fast Track Court, Solan camp at Nalagarh, District Solan, rendered in Sessions trial No. 11 FTN/7 of 2005, whereby, the learned trial Court acquitted the accused of theirs having allegedly committed the offences punishable under Sections 302, 392, 120 -B of the Indian Penal Code and Section 25 of the Arms Act.

(2.) BRIEF facts of the case are that in year 2004, Smt. Sarojbala was working as Cashier, Dhiyan Singh as Assistant and Bahadur Singh as peon in Sub Post Office, Nalagarh. On 14.7.2004 at about 2.50 P.M., Smt. Sarojbala along with Dhiyan Singh and Bahadur Singh was proceeding on foot towards State Bank of Patiala for depositing cash of Post Office, amounting to Rs. 5,90,000/ -. The cash was in a black coloured attache which was put in a white coloured bag. Bahadur Singh was carrying the attache containing cash. At about 12.55 P.M., when they reached at Nalagarh chowk near Central Bank, two persons aged between 30 -35 years, allegedly came on a scooter from back side. The said scooter firstly crossed them and then it was turned towards them and the riders of the scooter fired two shots at Bahadur Singh and snatched the attache containing cash from him and thereafter fled away from the spot on the scooter towards Kalka road. When Sarojbala and Dhiyan Singh tried to follow them they allegedly opened fire in air. Bahadur Singh was taken to hospital where he was declared dead by the Medical Officer. On a statement made by complainant Sarojbala under Section 154, Cr.P.C. to the police, FIR was registered in Police Station, Nalagarh. The police conducted the investigation in the case and during the course of investigation, arrested the accused persons and the accused persons had made disclosure statements and in pursuance to the disclosure statements made by the accused persons, the police effected the recovery of various items. The police also took into possession the scooter, a point 32 bore revolver and also got recovered the attache and bag.

(3.) ACCUSED ware charged for theirs having committed the offences punishable under Sections 302, 392, 120 -B of the IPC and Section 24 of the Arms Act, by the learned trial Court to which he pleaded not guilty and claimed trial.