STATE OF RAJASTHAN Vs. SONU AND ORS.

JUDGEMENT

(1.) The appellants have filed this criminal leave to appeal against the judgment dated 28.11.2011 passed by the learned Additional Sessions Judge No.2, Sriganganagar, in Sessions Case No.03/2009 whereby he acquitted the accused-respondents for the charges levelled against them for the offences under Sections 399 & 402 IPC and Sections 3/25 & 4/25 of Arms Act 1959.

(2.) Brief facts of the case are that on 03.05.2008 at about 6.30 P.M., Mr. Balraj Singh SHO Police Station Lalgarh Jatan and other 8 police officials were on patrolling in a Government Jeep. When they reached near Vidut Vibhag Bhawan, Balwani, they came to know that accused persons namely Sonu, Getta, Nikke, Fojji and Gokul were planning to commit 'Dacoity' in a train which was scheduled for 6.30 P.M. on that day but it was running late by two hours. On the above said information, police party reached near GLR and found 5 persons talking to each other in relation to commit 'Dacoity'/robbery. On this an FIR was registered against the accused-respondents and after due investigation they were charge-sheeted for the above said offences and after completion of trial they were acquitted by the learned trial court vide impugned judgment against which this leave to appeal has been filed by the State of Rajasthan.

(3.) Heard learned Public Prosecutor and the learned counsel for the respondents-accused.