STATE OF H P Vs. GHINDRO RAM

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THE State has assailed the judgment of acquittal passed in Criminal Case no. 140-II of 1997/95 decided on 21. 3. 2001 by learned trial Court on the ground that the learned trial Court did not appreciate the evidence of the prosecution in the right perspective and attached undue importance to the minor contradictions of its witnesses. If the evidence on record is examined properly, there are grounds to convert the acquittal into conviction.

(3.) IN short, the prosecution case can be summoned up thus. On 7. 3. 95, respondent ghindro Ram hired a Mohindra pick-up owned by Hans Raj bearing registration number H. P. 48-0263, which was locally called as MC to take three gunny bags full of old plastic shoes from village Salooni to chamba. He paid the fare to the Hans Raj aforesaid. The driver of the said vehicle was pw3 Hem Raj. They left Salooni around 8-9 a. m. PW2 Hoshiar Singh also took a lift along with his daughter. Besides respondent his labourer Dhiano was also travelling with them. No sooner did they covered half km from Salooni, the respondent stopped the said vehicle near "banja Ka Mor" and he picked up 2/3 sealed gunny bags from some distance and loaded it in the said vehicle. PW2 Hoshiar Singh is alleged to have cautioned the respondent not to do so as these articles belonged to Irrigation and Public health Department, but he did not pay any heed to it Hoshiar Singh noticed a jeep of iph Department, going ahead of them and saw PW5 Sunil Kanotra S. D. O. sitting therein.