- (1.) Heard learned A.G.A. for the State. This application has been filed by the State of U. P. with the prayer that leave to appeal may be granted against the judgment and order dated 27.7.2011, passed by Sri Rajendra Babu Sharma, Additional Sessions/Special Judge (D.A.A.), Etah in Sessions Trial No. 492 of 2001, Case Crime No. 67 of 2001, whereby the respondents have been acquitted for the offence punishable under Section 302/34, I.P.C.
(2.) We have perused the judgment of trial court and lower courts record.
(3.) The prosecution story in brief is that the complainant Dhirendra Singh, s/o Prem Singh lodged a report on 30.4.2001 at Police Station Patiyali, District Etah stating therein that on 29.4.2001 he had come to village Madsua alongwith his sister's husband Ravindra Singh, s/o Dev Singh, r/o Kanesar, Police Station Raja Ka Rampur and cousin Harvansh Singh, s/o Ajaan Singh, r/o Rampura, Police Station Patiyali, District Etah in connection of matrimonial talks of his younger sister. In the night, at about 10.15 p.m., while they were having dinner in the Verandah (Aangan) of Benchey Singh under a lantern where his uncle Benchey Singh was also lying on bed inside a mosquito net and was talking to him, suddenly accused Harru alias Harveer Singh, armed with a country made pistol and Net Singh, armed with lathi entered the house of Benchey Singh and on instigation of Net Singh accused Harru fired towards Benchey Singh, which hit him on the back. After firing, both the accused fled away from back door of house and he chased the accused persons when he saw one more accused, namely. Ram Saran, s/o Jai Singh was also there, who asked the accused persons whether work had been done and he also fled with them. The whole incident was witnessed by the complainant's side and other villagers also who saw the accused persons while they were running away. A criminal case between Satish and Ram Saran for attempt to fire was pending in which accused Harru and Net Singh wanted a compromise but Benchey Singh was against any compromise and due to this reason the accused persons had killed Benchey Singh. On the basis of written report Case Crime No. 67 of 2001, under Section 302/34, I.P.C. had been registered against all the accused persons at Police Station Patiyali, District Etah. After completing investigation, police submitted charge-sheet under Section 302, I.P.C. against all the three accused respondents.;