STATE OF HIMACHAL PRADESH Vs. NIRAT SINGH

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 17.7.2008 rendered by learned Sessions Judge, Kullu, HP in Sessions Trial No. 2/05-29/06, whereby respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for offences under Sections 324, 307, 454, 392, 397 read with Section 34 IPC, have been acquitted.

(2.) Case of the prosecution, in a nutshell, is that Chet Ram who was posted as a Clerk in Government High School, Shangar was carrying cash of Rs.75,000/- in his bag. He had withdrawn this amount from Punjab National Bank for disbursing salary of the staff of his school and same had been kept by him at his quarter in village Lohat. While he was present in the courtyard of his house, he saw Nirat and Devender alongwith another boy Raju crossing through the footpath adjacent to his house. After sometime, while he was washing utensils under the tap in the courtyard of his house, all the three accused persons put a cloth on his face and gave him beatings, due to which he became unconscious and he was thrown in the bushes. The complainant Chet Ram regained consciousness after some time. He went to the house of one Sarnu which was at a distance of about half a kilometre from his house and told him about the occurrence and requested him to take him to the Headmaster of the school. He was then taken to the residence of the Headmaster who made complaint to the police. Chet Ram was taken to the PHC Sainj where he was medically examined. Accused Nirat Singh expressed his desire to one Lila Dhar Pradhan to surrender before the police and he was taken to Police Station where he surrendered and also handed over Rs.54,440/- being part of looted amount. Later, a sum of Rs.20,708/- was deposited by Devender Singh accused. They confessed to Lila Dhar Pradhan about giving beatings to Chet Ram and decamped with the money. Accused also made disclosure statement and got recovered some other articles which had been taken from the house of complainant. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 17 witnesses to prove its case against the accused. Accused were also examined under Section 313 CrPC. They pleaded innocence. One witness was also examined from the defence side. Learned trial Court acquitted the accused. Hence, this appeal.