- (1.) THIS government appeal has been filed by the State against the judgment and order dated 12.1.1984 passed by Additional Sessions Judge, Saharanpur, acquitting the accused persons from charges under Section 307 read with Section 34 I.P.C., P.S. Jwalapur, District Saharanpur in Case Crime No.252 of 1980.
(2.) THE brief facts relating to the appeal are that first informant Shivraj Singh lodged a report on 1.5.1980 at about 07:30 a.m. in P.S. Jwalapur sub -district Rurkee, District Saharanpur with the allegations that: "after passing night at the house of Ram Chandra in Village Sahdevpur, from through reliable informer he came to know on 30.4.1980 at 4:30 a.m. that accused Mohan Lal is making illicit liquor on the furnace near drain on northern side of the village. After taking Shobha Ram and Ramesh for witness he reached the spot along with Co -Constable Dhiraj Singh and the witnesses, and found that accused Mohan Lal, Alok, Krishna and Santa were making illicit liquor on the furnace out of whom Alok was changing water, Krishna and Santa were putting woods on fire and Mohan Lal was poring liquor in Canes. When they tried to catch the accused persons, Mohan and Krishna attacked on his head with Tabbal while Santa and Alok attacked at him and Constable Dhiraj Singh with Lathies in their hands. On this he and Co -Constable Dhiraj Singh fired in air but accused continued to quarrel and since his condition became very serious the accused persons managed to flee away with the Canes of illicit liquor."
(3.) ON this information, Case Crime No.252 of 1980 was registered against the four accused persons under Sections 332 and 307 I.P.C. and after committal of case to the sessions, charges under Sections 307/34 I.P.C. were framed against all the four accused. In order to prove its case, the prosecution apart from documentary evidence produced Constable Shivraj Singh as P.W. -1, Constable Dhiraj Singh as P.W. -2, independent eye witness Shobha Ram as P.W. -3, doctor who prepared the medical examination reports of two constables, Dr. S.C. Singhal as P.W. -4 and I.O. Laxmi Narayan Sharma as P.W. -5. After completion of prosecution evidence, and recording statements of accused persons under Section 313 Cr.P.C. opportunity was given and Atar Singh was examined as D.W. -1 in defence evidence. After hearing learned counsel for the parties, learned additional sessions judge analysing the evidence on record disbelieved the prosecution story as well as evidence of witnesses, and acquitted the accused persons from charges under Sections 307 read with Section 34 I.P.C. In Government Appeal as per report dated 18.4.2014 of Chief Judicial Magistrate, Saharanpur out of four accused respondents, accused respondent Trilok Chand, Kishan and Sattu @ Satpal have died and appeal against them stands abated. Accused Mohan Lal has put in appearance through learned counsel Sri Devendra Saini, Advocate.;