STATE OF UTTARANCHAL Vs. SURJIT SINGH S/O KARNAIL SINGH
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
Surjit Singh S/O Karnail Singh
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(1.) This Government Appeal No. 319 of 2004 preferred by the State of Uttarakhand under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order 06.03.2002 passed by Additional Sessions Judge/F.T.C., Kashipur, district Udham Singh Nagar in Sessions Trial No.79 of 1998, whereby the said Court has acquitted the accused Sarjeet Singh (S/o Karnail Singh), Kanhai, Ranjeet Singh and Sarjeet Singh @ Nanhe (S/o Mohar Singh) for the offences punishable under Section 302 read with Section 34 I.P.C. By the same judgment, the accused Sarjeet Singh and Kanhai have been acquitted also from the charge of the offence punishable under Section 25 of the Arms Act. The Criminal Revision no.21 of 2002 has been filed by the revisionist/ complainant Rajiv Ratna, who got the First Information Report lodged at the Police Station Jaspur, who has also challenged the judgment of acquittal delivered by the trial Court.
(2.) Heard learned counsel for the parties and perused the lower court record.
(3.) Prosecution story, in brief, is that on 28.06.1998, at about 10:00 p.m., accused/respondents Sarjeet Singh (S/o Karnail Singh), Kanhai, Ranjeet Singh and Sarjeet Singh @ Nanhe (son of Mohar Singh), with common intention came to Gaura Farm and fired shots at Sneha Lata (deceased). The First Information Report (Ext. A-1) was lodged by P.W.1 Rajiv Ratna at Police Station, Jaspur on the next day i.e. 29.06.1998 at about 09:10 a.m. against the aforesaid accused. On the basis of said report, crime no.364 of 1998 was registered in respect of offence punishable under Section 302 I.P.C.;
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