- (1.) HEARD learned A.G.A. and perused the judgment and order of the trial court and record. The present Government Appeal along with application for leave to appeal has been filed by the State against the judgment and order dated 25 -09 -2004 passed by Additional Sessions Judge/ Fast Track Court No. 11, District Jalaun at Orai in S.T. No. 180 of 2003, State of U.P. Vs. Raj Kumar @ Pappu & others, by which the trial court has acquitted the accused -respondents for offence under Sections 504, 307 read with Section 34 I.P.C. and Section 302 I.P.C.
(2.) THE prosecution story in brief is that on 01 -04 -2003, the informant -Om Prakash son of Gauri Shankar along with his brother Sidh Prakash and brother -in -law Mahendra Pal Singh son of Ramlal, resident of Mohalla Naya Patel Nagar, Orai were loading wheat on Tractor Trolley from their field. As soon as, the informant along with his companion who were taking the empty Tractor Trolley for collecting wheat reached at Mauza Sikanderpur near Kothi of Raj Kumar at about 8:45 p.m., Raj Kumar @ Pappu, Rahul, Ashok Kumar Sharma and Mahendra Kumar who were hidden by the side of the Chabutara of the Kothi came out and by abusing them asked to stop the Tractor Trolley. The Tractor Trolley was stopped there, they saw Raj Kumar @ Pappu armed with double barrel gun, Ashok Kumar Sharma armed with his licensee gun, Mahendra Kumar Mishra armed with gun and Rahul armed with father licensee gun. The informant was having inimical relationship with Raj Kumar @ Pappu with regard to land dispute due to the said enmity Raj Kumar @ Pappu with an intention to kill fired which hit his brother Mahendra Pal Singh on his thigh who was sitting next to him on the Tractor Trolley. Ashok Kumar Sharma fired a second shot due to which the informant and his companion escaped unheard. On raising alarm, the persons working at the spot, namely, informant's father Gauri Shanker and his brother Satish Kumar, came running with the Torch in his hand and exhorted the accused then the informant gathered strength along with his companions and tried to snatch double barrel gun armed with Raj Kumar @ Pappu. During snatching the gun came in his hand and its butt has broken. The informant carried the injured Mahendra Pal Singh and the broken gun to police station Nadi Gaon where a First Information Report was lodged against the accused persons. The First Information Report of the incident was lodged by PW 1 -Om Prakash on 02 -04 -2003 at 2.45 in the night at police station Nadi Gaon which is at the distance of the place of occurrence 3 kms.
(3.) THE post mortem of the deceased Mahendra Pal Singh was conducted on 02 -04 -2003 at 1.45 p.m. by Dr. A.K. Paliwal. The prosecution examined three eye witnesses of the incident, namely, PW 1 -Om Prakash, the informant of the present case, P.W.4 -Sidh Prakash real brother of the informant and P.W. 5 -Gauri Shankar father of the informant and other formal witnesses such as P.W. 2 -Head Constable Shivram Singh, P.W.3 -Constable Ram Krishna, P.W.6 - Dr. A.K. Paliwal, PW.7 -S.I., Rakesh Raj Gautam, PW.8 -S.I., Deepak Shukla who were the two Investigating Officers and the report of the Vidhi Vigyan Prayogshala which is marked Exhibit Ka -13 which is available on record.;