DINESH PATHAK,J. - (1.) Heard Shri Ram Prakash Patel, learned counsel appearing for the appellant on admission.
(2.) The instant appeal under Section 372 Cr.P.C. has been preferred by the informant/appellant challenging the judgment and order dated 25.09.2018 passed by the Additional Sessions Judge/Fast Track Court (Offences against Women), Rampur in Sessions Trial No.306 of 2012, acquitting the accused persons namely, Chhattrapal (respondent no.2) and Rakesh (respondent no.3) for commission of the alleged offence under Section 307 IPC, arising out of Case Crime No. 1141 of 2012, Police Station-Civil Lines, District-Rampur.
(3.) As per the version of the First Information Report (hereinafter referred to as "FIR"), on 12.04.2012 at 4:00 P.M., the informant-Bhanu Pratap Singh Yadav (PW-1) along with his wife Vimla Devi (PW-2) went to Guddu's house at Punjab Nagar, Rampur to know the well being of his mother and son. He left his wife there and went away Vijaeeya to attend reception of the daughter of Operator Bulakhi Ram and to collect the installment from Kamal Singh. Therefrom, he came back to Punjab Nagar, took his wife and gave receipt to Vijay at Wajinagar. Thereafter, his wife asked him to go via his village so that they could meet his mother and to know her well being. At about 7:30 PM, while they were coming comfortably towards the village, he saw two persons standing on the road adjacent to the agricultural plot of Kewal and recognized them as Chhattrapal son of Swaraj and Rakesh son of Chandrapal in the light of his motorcycle's headlight. Two more unknown persons were also standing there at some distance. Chhattrapal shot fire at the informant, due to which his motorcycle tottered down towards the right side in the agricultural plot of Kewal, but the fired bullet hit on the temple region of his wife. In retaliation, the informant, after balancing himself, fired three shots from his service revolver. Thereafter, the accused persons opened indiscriminate firing and fled away towards the forest. The informant saw his wife lying down on the road in unconscious condition. He rang to his family members. Sunil son of Pappu immediately rushed to him and asked as to who had shot fire, then the informant took the name of the aforesaid two accused persons. Sunil told him that he saw Chhattrapal and Rakesh on the culvert while they were running towards forest. On his information to the police by phone, police force reached there and took him and his wife to the hospital through police vehicle and got her admitted. The police left the informant to look after her.;