- (1.) THE instant Government Appeal has been directed against the judgment and order of acquittal dated 31.03.2014 passed by learned Additional Sessions Judge, Court No.10, Aligarh, in Sessions Trial No.188 of 2011, State Vs. Mahendra Singh and others, arising out of Case Crime No.433 of 2010 under Sections 147, 148, 332, 353, 336, 307/149 I.P.C., Police Station Iglas, District Aligarh.
(2.) FACTS of the case, as discernible from the impugned judgment of acquittal appears to be, that the complainant Constable Nagendra Rathi lodged a written report at Police Station Iglas alleging that he along with Constable Krishna Kant Sharma, Home Guard Virendra, Incharge Police outpost S.I. Kunj Bihari Mishra were busy in patrolling on 26.06.2010. As soon as, they reached village Gidora they received tip off information that one Mahendra Singh son of Raghuvir Singh along with his sons are indulged in illegal betting (Satta); whereupon the police party reached to the spot and carried out raid wherein they caught Prem son of Mahendra Singh, Mahendra Singh son of Raghuvir, Kripal Singh son of Mahendra Singh along with incriminating documents and cash at about 8:30 p.m. As soon as, the aforesaid arrested persons were taken to police jeep, all of a sudden 10 to 15 persons started brick -batting on the police party. One of the miscreants fired on the police party which went across the police jeep hitting front portion of steering of jeep. The crowd thus extricated the accused persons who were earlier taken into custody. Prem and Mahendra Singh also assaulted police party with bricks which caused serious injuries on the head of Incharge outpost Kunj Bihari Mishra who fell unconscious. The information of this incident was sent at Police Station Iglas and other high officials. Consequently, the police force arrived at the scene of occurrence.
(3.) THE injured Kunj Bihari Mishra was taken to the medical clinic of Dr. Harcharan where he was given first aid treatment. The case was registered against the accused persons namely Prem, Kripal, Mahendra Singh and 10 to 20 persons at aforesaid crime number at Police Station Iglas. The case was investigated into by the Investigating Officer. After completing all necessary formalities - charge sheet was filed against the accused persons Mahendra Singh, Kripal Singh, Prem, Hansraj and Shanker Singh, under Sections 147, 148, 332, 353, 336, 307, 308, 394, 411, 224, 225/34 I.P.C., 7 Criminal Law Amendment Act and 13 Gambling Act. Thereafter the case was committed to the court of Sessions for trial whereupon trial against the accused -respondents commenced in the trial court.;