STATE OF RAJASTHAN Vs. VIJAY @ MANOHAR & ORS.

JUDGEMENT

(1.) Learned Public Prosecutor submits that learned trial court wrongly disbelieved the police witnesses and acquitted the respondents-accused, therefore, the application seeking leave to appeal may be allowed.

(2.) Per contra, learned counsel for the respondents-accused submits that independent witness turned hostile and the police witnesses deposed unnatural story in their respective statements which is unbelievable. Learned counsel further submits that as per prosecution, SHO received 'Mukhbir' (secret) information that respondents-accused persons are planning for 'dacoity' and after that police party reached on spot i.e. dense forest and again accused persons who were alleged to talking regarding 'dacoity' which is unbelievable, therefore, there is no basis for allowing the application seeking leave to appeal.

(3.) I have considered the submissions made at bar.