Decided on June 24,2013

Noor Alam @ Chhota And Another Respondents


- (1.) The informant Mustaqeem lodged a first information report on 03.09.2001 in PS Roorkee against Noor Alam and Shahjad, which was registered as case crime no. 212 of 2001 for the offence punishable under Section 307 IPC. After the investigation, a charge sheet in respect of offences punishable under Sections 307 and 326 IPC was submitted. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges under Sections 307 and 326 IPC were framed against the accused persons, to which they pleaded not guilty and claimed trial. PW 1 Mustaqeem, PW 2 Riyasat, PW 3 Zahoor Hasan, PW 4 Mursaleen, PW 5 J.S.Pundir, PW 6 Dr. A. S. Dubey, PW 7 Rajesh Sharma, PW 8 Dr. Dushyant Tyagi and PW 9 Mujammil were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they said that they were falsely implicated in the case. DW 1 HCP Sohanveer Singh and DW 2 Abdul Rahman were examined on behalf of the defence. After considering the evidence on record, learned Additional Sessions Judge/ 1st FTC, Roorkee, vide order dated 22.04.2004, exonerated them of the charges levelled against them. Aggrieved against the impugned order dated 22.04.2004, present Government Appeal was preferred.
(2.) Pw 1 Mustaqeem was the complainant, who, in his examination-in-chief, supported the prosecution story as also proved his complaint (Ext. Ka-1). In the opening line of the cross-examination, PW 1 said that no incident took place in his presence. In other words, he was not an eyewitness to the alleged incident. PW 1 wrote the complaint on the basis of what was told to him by the witnesses. PW 2 Riyasat, PW 3 Zahoor Hasan and PW 4 Mursaleen were the eyewitnesses.
(3.) Pw 5 J.S.Pundeer, SHO, Kotwali said that he received an information on the wireless set that somebody was shot at in Nagla Imarti. When PW 5 went to the Government Hospital, Roorkee, injured Mursaleen met him. Mursaleen sustained fire arm injuries on his back. Mursaleen told PW 5 that accused Noor Alam alias Chhota, who was carrying revolver, shot fire at him (Mursaleen). PW 5 made it clear, that according to Mursaleen, Noor Alam fired shot at him and Shahjad, who was carrying double barrel gun, did not fire at him.;

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