RAMESH SINHA,J. - (1.) THIS Govt. Appeal has been preferred against the judgment and order dated 30.11.2002, passed by the District and Sessions Judge, Court No.II, Moradabad in S.T. No. 744 of 1997 (State Vs. Raj Kumar and 5 others), by which the learned trial Court has acquitted the accused respondents for offence under Sections 148/302/307 read with Sections 149, 504 I.P.C., Police Station-Chajlet, District-Moradabad.
(2.) THE prosecution story in brief is that on 24.3.1997 in the afternoon, servant of accused Jagpal Singh, namely, Fida Hussain, in a drunken state, started abusing the nephew of the informant, namely, Dispal, on which Dispal scolded him and on which the servant fled away. Thereafter, at about 2 P.M. in the afternoon, the informant Vijendra Pal Singh, his nephew Pradeep son of Narendra and Dispal (deceased), son of Maharaj Singh, were going to meet his cousin Dharamveer Singh to his house on the occasion of Holi festival and when they reached near the house of Gajendra Singh, then on the roof of Dharmendra Singh, son of Jitendra Singh, accused persons who were present from before namely, Ram Kumar son of Dharam Singh, Jagpal Singh son of Ram Kumar, Hargyan Singh son of Om Prakash, Harpal Singh son of Raghuveer, who were armed with their licensed rifles and guns and accused Om Pal son of Om Prakash, Jaspal son of Samar Pal Singh, were armed with countrymade pistols, with a common object exhorted and asked them about the reason for which their servant was beaten and threatened, for it they would teach them a lesson. Thereafter, all the accused persons with an intention to kill them fired on them, due to which his nephew Dispal received a firearm shot who succumbed to his injuries on the spot. The informant and his other nephew Pradeep also received pellet injuries on their legs and raised alarm for being saved. On the alarm raised and hearing the fire shots, villagers namely, Gajendra Singh, S/o Durga Singh, Sanjay Singh S/o Rajendra Singh and other several persons of the village had reached at the place of occurrence, on which the accused persons fled away from the roof towards south. The dead body of the deceased Dispal was lying on the spot and the informant reported the case to the concerned police station for taking necessary action against them. The FIR of the incident was lodged on 24.3.1997 at 15.40 P.M. by the informant Vijendra Pal Singh, uncle of the deceased, at police station Chajlet, District Moradabad, which was registered as case crime No.137 of 1997, under Sections 147/148/149/302/307 I.P.C., which was at a distance of 11 Kms. from the place of occurrence against six accused respondents. The informant Vijendra Pal was medically examined on 24.3.1997 at 7.20 P.M. by Dr. R.P. Bharadwa (PW4), Medical Officer in District Hospital, who found the injuries (Ex.Ka3) on the person of injured Vijendra Pal who, which is quoted below: "Injuries (Ex. Ka-3) (1) Multiple firearm wound of entry in area 36 cm. X 12 cm. on the frontolateral aspect of left thigh and knee in upper part of leg. Each wound size about 4 cm. X 4 cm. x depth not probe. No blackening. No tattooing. No charring present fresh bleeding. Kept under observation."
(3.) SIMILARLY , the other injured Pradeep S/o Narendra was also medically examined on 24.3.1997 at 7.35 P.M. by Dr. R.P. Bharadwaj, Medical Officer in District Hospital, who found the injuries (Ex. Ka-2) on the person of Pradeep, which is quoted herein below: "Injuries (Ex. Ka-2) (1) Multiple firearm wound in area 24 cm.X 8 cm. on the posterior medial aspect of lower part of right leg with ankle sole. Each size about .4 cm. X .4 cm. dept not probe. No blackening. No tattooing. No charring present. Fresh bleeding present injury kept under observation." ;