N.V.RAMANA,J. - (1.) This appeal by way of special leave petition is filed by the State of Uttar Pradesh against the final judgment and order dated 6th April, 2007 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 2622 of 2005. By the said judgment, the High Court has acquitted the respondents who were accused in Sessions Trial No.1090 of 2003 before the District Court, Ghaziabad, Uttar Pradesh.
(2.) The prosecution case, in brief, is that on 25-3-1993 at about 9.00 a.m. Mahipal (deceased) and his wife Prakashee (PW3) were going to their fields on a buffalo cart and Tej Pal, Ram Swaroop and Dharmendra (PW2) were following them. While they were on their way, the three accused (respondents herein) appeared out of a sugercane filed near the fields of one Alias, while hurling abuses against Mahipal fired at him. The fire opened by Om Pal was missed but the fire opened by Mukhtiar hit Mahipal. Navin assaulted Mahipal with the butt of the Tamancha on his head. On receiving information from Dharmendra (PW2) about the incident, Naresh (PW1) accompanied by Dharmendra took the injured Mahipal to the police station, Babugarh and lodged FIR. Thereafter, on the way to hospital, Mahipal succumbed to the injuries.
(3.) The Investigating Officer, Sub-Inspector R.K. Chaudhary (PW6) carried the investigation, recorded statements, prepared site plan (Ext. Ka-3), collected plain earth as well as blood stained earth from the place of occurrence and after conducting inquest at the hospital, sent the dead body for postmortem. The accused Mukhtiar was arrested on 29.3.1993 near village Bacchrota and from his possession one illegal pistol of 315 bore and one ammunition cartridge (Ext.K.13) were recovered. On 8th April, 1993 the I.O. recorded the statements of other accused Omal and Navin. A Tamancha, allegedly used in the crime, was later recovered at the instance of accused Ompal on 14.4.1993. The statement of the wife of deceased (PW3) was recorded on 24.4.1993. After concluding the investigation, the Judicial Magistrate, Hapur committed the case to the Court of Sessions where charges were framed under Section 302, IPC read with Section 34, IPC against all the three accused and additionally charges were framed against accused Mukhtiar under Section 25 of the Arms Act. The accused pleaded not guilty and claimed to be tried.;