judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellant-State questioning correctness of the order of acquittal recorded by the trial Court. Originally, three persons apart from respondents were arrayed as accused persons. Two of them expired before trial was concluded and one had absconded and could not be arrested.

Four persons faced trial for offences punishable under Sections 394, 307, 411 of the Indian Penal Code, 1860 (in short the ‘IPC’). The allegation was that on 15.3.1994 while the informant alongwith one Sushil Kumar, son of the owner Shri Gopal was going towards the shop after withdrawing Rs.1,25,000/- from the State Bank of India, the accused persons forcibly snatched away the money after firing shots from the pistols held by them. The informant and aforesaid Sushil Kumar suffered injuries and were taken to hospital for treatment. The first information report was lodged and investigation was undertaken and part of the money was recovered from the accused persons. Several witnesses were examined to further the prosecution version.

PWs 1