STATE OF H.P. Vs. KULDIP SINGH

JUDGEMENT

(1.) THE State has filed this appeal against the judgement dated 26.5.2000 recorded by the learned Additional Chief Judicial Magistrate, Ghumarwin, in case No. 409/1 of 1996, acquitting the respondent, under Sections 323, 379, 506 IPC.

(2.) THE prosecution case in brief is that respondent on

(3.) PW 1 Sohan Lal has stated that on 3.7.1996, he was conductor on bus No. HP-24-4512 and Ramesh was driver. At about 6.15 p.m. they were sitting at Munshi Ram's tea stall for taking tea. Surinder was also there. In the meantime, the respondent came there under the influence of liquor and stated that they were thieves. He pulled his shirt and slapped him. He telephoned to police and when he was approaching his bus, the respondent again came there and started quarreling. The respondent took his cash bag, Kalu Ram and Ramesh Kumar driver came there and they rescued him. The cash bag was handed over to him by respondent after tearing. Thereafter respondent ran away from that place. The bus was taken to Police Station. There was shortage of Rs. 1900/- in his cash, which respondent took away. He reported the matter to the police vide Ex. PW 1/A. He handed over his watch and torn vest to police vide memo Ex. PW 1/B. The police took into possession, tickets, punch and cash vide memo Ex. PW 1/C. There were Rs. 1279.15 in the bag. He was medically examined. In cross-examination he has stated that quarrel took place at two places, firstly in the tea stall, secondly where the bus was parked. No person came to the spot where the quarrel took place. Later on Kalu Ram and driver of the bus came, Surinder came with driver. Some cash fell at the place where the quarrel took place, but nobody picked up that cash. He told the police about the shortage of the cash at about 9 p.m.