JUDGMENT :

(Alok Kumar Verma, J.)

1. Respondents-accused persons were convicted by the Trial Court for the offence under Section 294 of the Indian Penal Code, 1860 (in short, “IPC”) and they were sentenced which they already undergone and a fine of Rs.500/- each. They were also convicted for the offence under Section 4/25 of the Arms Act, 1959 (in short, “Act, 1959”) and they were sentenced which they already undergone and a fine of Rs.500/- each.

2. Against the judgment dated 21.01.2006, passed by learned Trial Court, respondents-accused persons filed a Criminal Appeal (No.34 of 2006). Accepting the appeal on 17.07.2007, learned District and Sessions Judge, Haridwar set aside the judgment of the trial court and acquitted the respondents-accused persons of the charges of Section 294 IPC and Section 4/25 of the Act, 1959.

3. Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that on 11.12.1998, when Inspector Suresh Singh Chauhan (PW1), informant, and other police personnel were present for a routine-check and were searching for the wanted criminals, on the information of the informer, it was found that the accused persons were sitting i