(1.) Present appeal has been preferred by the State against the judgment dated 29.12.2008, passed by learned Sessions Judge, Una, H.P., in Criminal Appeal No. 16 of 2006, titled as Joginder Pal vs. State of Himachal Pradesh , whereby respondent has been acquitted after reversing the judgment/order dated 20.06.2006/05.08.2006, passed by learned Judicial Magistrate 1st Class, Court No.1, Amb, District Una, H.P., in Case No.242-1 of 2004/18-II/2004, titled as State of H.P. vs. 1 Whether reporters of the local papers may be allowed to see the judgment? Joginder Pal, in FIR No.90 of 2004 dated 01.05.2004, registered in Police Station, Amb, District Una, H.P., under Sections 451 , 323 , 325 and 382 of the Indian Penal Code ( in short ' IPC '), whereby respondent was convicted and sentenced to undergo simple imprisonment for one year and to pay fine of Rs.1000/- and in default thereof, further to undergo simple imprisonment for one month for commission of offence punishable under Section 451 IPC and also sentenced to undergo rigorous imprisonment for two years for commission of offence punishable under Section 325 IPC and to pay fine of Rs.4000/- and in default thereof, further to undergo simple imprisonment for three months.
(2.) Prosecution case is that on 01.05.2004 at about 5.15 p.m., respondent Joginder Pal had come on his Scooter bearing No.PB-13C-8833 and after parking his Scooter in front of shop of complainant PW.1 Shiv Ram, entered inside the shop of complainant Shiv Ram and after hitting his head, snatched the sale proceed from him, which was being counted by PW.1 Shiv Ram at that time and he attempted to run away from the spot. However, PW.1 Shiv Ram had raised hue and cry and hold leg of respondent Joginder Pal and by that time PW.2 Pradeep Kumar, PW.4 Sanjay Kumar, Ashwani Kumar (not examined) and Jawahar (not examined) alongwith other persons reached the spot, who were adjoining shopkeepers and they caught respondent Joginder Pal on the spot and by that time respondent Joginder Pal had thrown the currency notes of Rs.700/- in the shop itself. Thereafter, complainant had reported the matter to the police and made statement (Ex.PW.1/A), which was recorded under Section 154 of the Code Criminal Procedure (in short ' Cr.P.C .') and the same was sent to the Police Station as a Rukka, on the basis of which FIR (Ex.PW.9/C) was registered against respondent Joginder Pal.
(3.) On the basis of challan presented in the Court, charge against the accused was framed under Sections 451 , 323 , 325 and 379 read with Section 511 of IPC. On pleading not guilty, respondent-accused was subjected to trial. On conclusion of trial, respondent-accused was convicted by the trial Court for commission of offences under Sections 451 , 323 and 325 of IPC and acquitted for commission of offence under Section 379 read with Section 511 of IPC, whereas learned Sessions Judge has acquitted him in all offences.