P.S. Rana, J.

Present appeal filed against the judgment passed by learned Special Judge Shimla in Sessions trial No. 5-S/7 of 2008 titled State of H.P. vs. Sunder Singh.

BRIEF FACTS OF THE PROSECUTION CASE :

2. Brief facts of the case as alleged by prosecution are that on dated 12.10.2007 PW10 ASI Barjinder Singh of P.S. Theog along with H.C. Shashi Kumar and H.C. Devinder Nath, C. Bittu Verma, HHG Brij Lal, HHG Bhagat Ram were on patrolling in vehicle No. HP-07-5328 which was driven by driver Gulzar Mohammad and in this regard entry in daily diary Ext.PW7/A was made and vide Ext.PW7/B another vehicle was requisitioned to the spot. It is further alleged by prosecution that at about 10.35 AM when they reached at Matiana Nagjubbar link road near Shiv Mandir at that time one Maxi No. HP-63-1538 came from Banada Ghati side which was signaled to stop by the police. It is further alleged by prosecution that vehicle was stopped at a distance in which two persons including driver were present in the vehicle who tried to flee away and police party apprehended both of them. It is also alleged by prosecution that on inquiry accused disclosed his identity as Sunder Singh son of Sewak Ram