- (1.) This Government appeal under section 378 Cr.P.C. has been preferred against the judgment and order dated 13.8.2014 passed in S.T. No. 27 of 2006, (State v. Munna Lal and others), by which the Additional Sessions Judge, Court No. 12, Aligarh, has acquitted the accused-respondents of the charges punishable under sections 307 and 302 IPC. In nutshell the prosecution version is that brother of the informant Nem Singh lived at Braula Chauraha and near his house there was a hotel of Gauri Shanker. On 14.8.2005 at 10.00 p.m. Munna Lal H.C.P. and his son Sanju and their two colleagues Gulsher and Iqbal were sitting at the hotel and were taking liquor and creating nuisance. When the informant requested Munna Lal and others to not create nuisance, they abused him and started marpeet and when brother and Bhabhi and nephew of the informant came to rescue him, suddenly Munna Lal HCP with his rifle and his son Sanju with his tamancha fired due to which Smt. Usha Devi and Ajay received injuries. They were taken away for hospital where Ajay was declared dead and Smt. Usha Levi was admitted. First Information Report of the incident was lodged under sections 307 and 302 IPC. Investigation was conducted. Statements of the witnesses were recorded. Thereafter, charge-sheet under sections 307 and 302 read with section 34 IPC against the accused Munna Lal, Gulsher and Iqbal was submitted.
(2.) On submission of the charge-sheet, the matter was committed to Court of sessions and the Sessions Court framed the charges against the accused persons. On their denial, prosecution examined PW-1 Nem Singh, PW-2 Kunwarjeet, PW-3 Smt. Usha Devi, PW-4 Gauri Shanker, PW-5 Dr. K.P. Singh, PW-6 Dr. R. Behari and PW-7 Investigation Officer/C.O. Yashveer Singh. The prosecution has also proved the Police papers.
(3.) After closing the prosecution evidence, statements under section 313 Cr.P.C. were recorded.;