State Of Himachal Pradesh & Ors.Etc vs Ganesh Wood Products & Ors.Etc on 11 September, 1995
12. Case of prosecution is that all the four boys
including the two accused were sleeping on the footpath
of Vankhandi Mandir. According to PW3, about 20
persons were sleeping on the footpath. PW3 further
cited that some of the 20 persons sleeping on the
footpath had covered their faces with one or the other
cloth but PW4 displayed ignorance if those persons had
covered their faces with blanket or not. PW3 could not
tell as to who had caught hold of which of the accused
and their companions. As noticed above, PW2
complainant has not supported the case of the
prosecution regarding apprehension/arrest of the two
accused persons and companions. He has also not
identified them as the offenders. Further, he has not
State v. Ganesh etc.
12
supported the case of prosecution regarding recovery of
currency notes from anyone of them.