STATE OF RAJASTHAN Vs. MUBEEN

JUDGEMENT

(1.) THE respondents six in number, were the accused on the file of learned Sessions Judge Alwar bearing Sessions Case No. 55/2005 under Section 396 IPC and 3/25 Arms Act. Learned Sessions Judge vide judgment dated May 5, 2006 acquitted respondents of all the charges. Being aggrieved by the finding of learned Sessions Judge, the State of Rajasthan submitted petition seeking leave to appeal under Section 378 (3) of the Code of Criminal Procedure, 1973 (for short `crpc' ). This court on May 26, 2006 granted leave and summoned the respondents through bailable warrants. THEreafter on August 14, 2006, the State of Rajasthan made an application under Section 390 read with 482 Cr. P. C. for recalling the order dated May 26, 2006 and to commit the respondents to prison after summoning them through non-bailable warrants. Similar prayer has been sought in the revision petition filed by the widow of deceased.

(2.) IT is the prosecution case that Ramavatar Goyal (now owner of Petrol Pump situated at Alwar-Delhi road in village Divakari, while standing out of cabin around 8 PM on March 12, 2005 seven culprits came rushing from the road side and took Ramavtar Goyal on gun point and opened fire as a result of which Ramavtar Goyal sustained injury on his face and fell down. Thereafter three culprits armed with Kattas (country made guns) entered inside the cabin, one culprit caught hold of Banwari Lal while another caught hold of Chhote Lal, Accountant and gave them beating and decamped with sale amount of Rs. 1,61,800/- along with other amount kept in blue colour bag. Ramavtar Goyal expired on the spot and culprits ran away. A case under Section 396 IPC and 3/25 Arms Act was registered and investigation commenced. The respondents were arrested and remained in custody throughout the trial. However, on completion of trial all of them stood acquitted.

(3.) SECTION 390 corresponds to SECTION 427 of the repealed Code. In the present section the word and figure "section 378" are substituted for the words and figures "section 411-A sub section (2) of SECTION 417" in the old section. Except for this change, no other changes are made. Under this section the High Court has the power to re-arrest the accused pending the disposal of an appeal against his acquittal.