OM PRAKASH,J. - (1.)This Government Appeal has been preferred by the State-appellant against the judgment and order of acquittal dtd. 31/10/2003 passed by Additional Sessions Judge / Fast Track Court No.2, Bijnor in Sessions Trial No.456 of 1998, State Versus Ishwar Chandra and others, relating to Police Station Seohara, District Bijnor by which the learned trial court has acquitted all the respondents namely, Ishwar Chandra, Ram Phal Singh, Krishan Bahadur and Hari Om for the offences under Sec. 307/34, 302/34, 323/34, 504, 506 I.P.C.
(2.)At the very outset, we would like to point out that leave to appeal was granted and appeal was admitted on 31/7/2008. Pending final outcome, one of the accused-respondents namely, Ram Phal Singh expired and appeal in his respect stands abated vide order dtd. 16/12/2021. We therefore have to adjudicate this appeal only against surviving accused-respondent no.1, 3 and 4 namely, Ishwar Chandra, Krishan Bahadur and Hari Om.
(3.)Briefly narrated, prosecution allegations against respondents-accused, as mentioned in the written report (Ex. Ka.-1) given by the informant - Hemraj Singh, are that on 26/5/1998 at about 6:00 in the morning, the brother of the informant namely, Bhopal Singh son of Babu Singh had gone towards the southern direction from the village to attend the nature call. On the way, accused Ishwar Chandra son of Ram Phal Singh, Ram Phal Singh son of Moti Singh, Krishan Bahadur son of Moti Singh and Hari Om son of Krishan Bahadur, who belong to same village and were armed with lathi and tabal, surrounded the brother of the informant and with intention to kill, they started beating him. Due to this assault, brother of the informant became seriously injured. He received multiple injuries on his body. On hearing the noise, when the informant reached there to save / rescue his brother, all the four accused-persons assaulted the informant with lathi and danda, hurled abuses and threatened him with dire consequences. This incident was witnessed by the villager Brijpal Singh son of Umed Singh and Anand Kumar son of Chhotey who also tried to save the informant and his brother. There was old enmity going on between the parties. Request was made to register the case and take legal action.