DHARNIDHAR JHA,J. - (1.) THE present government appeal is directed against the judgment of acquittal dated 3-6-2003 passed by the learned Additional Sessions Judge, Court No.12, Ghaziabad in Session Trial No. 478 of 2001 by which the solitary respondent Amit was acquitted of the charge under section 307 I.P.C.
(2.) THE prosecution case is contained in Exhibit Ka-1, the written report of PW-1 Jitendra Singh, it was stated by him that while he was going to his house from his gher (probably, the cattle shed), he was accompanied by his villagers, Soran Singh (not examined) and Lahri Singh (PW-2). When the informant reached at the place in front of the house of one Kripal, a Tata 407 vehicle came from the opposite direction. The present respondent Amit was also coming behind the informant and all of a sudden he hit the informant in his back, as a result of which he shouted and fell down. His villagers Soran Singh (not examined) and Lahri Singh (PW-2) attempted to apprehend respondent Amit, but he ran away from there and to disappear in the village. PW.1 stated that he and others of the village had seen the respondent assaulting and injuring him as a result of which he was bleeding from his waist. On receipt of Exhibit Ka-1, the F.I.R. of the case Exhibit Ka-4, was drawn up and the investigation was taken up by PW-6, S.I., R. L. Yadav. It has been stated by PW-6, the investigating officer that on the basis of Exhibit Ka-1, the F.I.R. of the case was drawn up by constable Sheesh Ram Singh and, accordingly entries in the general diary in respect of the receipt of the written report and investigation of the case were also made by the said constable, Sheesh Ram Singh. He took up the investigation of the case on 27-6-2000 and recorded the further statement of PW-1, Jitendra Singh on 28-6-2000 and obtained the copy of injury report and proceeded to the village where he searched for the witnesses and accused person, but could not find any of them. On 30-6-2000 he again reached village Manak Chauk and was handed over the blood stained clothes of the injured by his father, namely, Jag Sharan (PW-4) and he seized it and prepared the seizure memo, Exhibit Ka-2 on the same day, i.e., 30-6-2000. He recorded the statement of PW-4 and witnesses, like, Soran Singh (not examined) and Lahri Singh (PW-2) and also inspected the place of occurrence and prepared the site plan, Exhibit Ka-6. According to the site plan, the house of Kripal, which was situated on the eastern side of the road and on its western side the houses of Lallu and others were located. The injured was shot at the road indicated by letter "A" and the accused ran away towards the west from the place of occurrence into the village which direction has been shown by (?) indicating towards west. PW-6 further stated that he recorded the statements of other villagers and searched for the accused persons, but could not find them and, ultimately, he came to learn on 11-7-2000 that the accused had surrendered in the court of the Chief Judicial Magistrate and had been remanded to custody. He took the statement of the accused in jail and obtained a copy of the x-ray report of the injured on 20-7-2000 and recorded the statement of PW-4, the father of the informant, Jag Sharan on 24-7-2000 and after finding materials sufficient, sent the accused up for trial.
(3.) DURING cross-examination PW-6, S.I. R. L. Yadav stated that he recorded further statement of the injured on 27-6-2000 at about 10.00 a.m. and, thereafter, he forwarded him to Government Hospital, Garh, but did not go there himself with the injured. Pw-1, the informant and injured of the case was examined by Dr. S.K. Verma, Pw-5, in Primary Health Centre, Garh on 27-6-2000 at 9.30 p.m. and he found (I) multiple lacerated wounds in an area of 8 cm x 10 cm in the back and middle 1/3rd of the chest on its right side. Each of the injury was measuring about 0.6 cm x 0.6 cm. Pw.5, Dr. S.K. Verma did not probe the depth of the circular lacerated wounds but found the margins inverted, irregular. The wounds were bleeding profusely. Pw.5 found another lacerated wound measuring 0.6 cm x 0.6 cm x depth not probed on upper 1/3rd of the back of the chest, 4 cm lateral to mid line, margin irregular and inverted and the injury was bleeding. He found another lacerated wound measuring 0.6 cm x 0.6 cm x dept not probed on the back of left scapular area. All the above injuries were fresh and bleeding with margin irregular and inverted. Pw-5 was of the opinion that the injuries were caused by some fire arm object.;