ARJUN RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This revision petition as per Sec. 397 readwith 401 Crimial P.C. is preferred to question validity, correctness and propriety of the judgment dated 24.8.2009 passed by learned Sessions Judge, Sriganganagar in Sessions Case No.11/2009 acquitting the accused-respondents from the charges pertaining to the offences punishable under Sections 394, 302/34 I.P.C. and 3/25 of the Arms Act.

(2.) It is submitted by learned counsel for the petitioner that the court below erred while disbelieving the recovery of iron rod made at the instance of accused-respondents. It is asserted that though motbirs of recovery Jaimal Ram (PW-2) and Kishan Lal (PW-3) did not support the prosecution story and they were declared hostile. However, in quite unambiguous term, they accepted their signatures on recovery memo (Ex.-P/15), thus, the recovery could have not been disbelieved. It is further submitted that the recovery of car as per Ex.-6 too has been erroneously disbelieved merely on the count that the motbirs for such recovery were the police personnel and no other independent witness was available.

(3.) Having considered the entire material available on record, we do not find any merit in the argument advanced.