- (1.) Heard learned counsel for the appellant, learned A.G.A. for the State as well as Shri Apul Mishra, learned counsel for the accused respondents.
(2.) This appeal under section 372 Cr.P.C. has been filed against the judgment and order dated 21.9.2010 passed by the Additional Sessions Judge/F.T.C. No. 2, Budaun in S.T. No. 77 of 2000 whereby the accused respondent nos. 2 to 9 have been acquitted for the offences punishable under sections 148, 307/149 I.P.C.
(3.) As per the prosecution case the complainant Sanjay Kumar Bhardwaj had lodged an F.I.R. on 13.4.1993 at about 2.20 p.m. alleging therein that on 13.4.1993 the complainant alongwith his maternal uncle (Mama) was going to a Painter from District Hospital, Badaun through civil court for painting the registration number of Jeep No. DAE 5762. At about 1 p.m. Ramashanker son of Govind Ram, of his rival group, armed with double barrel Gun, his son Rajkumar and Ashwani Kumar armed with 315 bore Rifle and single barrel Gun, Narendra Dwivedi and his son Rajesh armed with single barrel Gun, Sunil alias Babloo s/o Shiv Narayan, armed with Gun, Rajendra s/o Kallu armed with single barrel Gun and Lallan s/o Kallan armed with 315 bore Rifle, Kundan s/o Dulhe Khan, r/o Asafpur armed with country made pistol, Dinesh s/o Bhagwan Das, r/o Meerapur District Muzzaffarnagar armed with Revolver and two armed constables came in front of the applicant in his Jeep No. MPO 07 N 5919 before the house of Dr. Jaddaun and exhorting that "Sale Ko Gher Lo Aaj Jane Na Paye" opened fire from their respective weapons. The complaint tried to save himself and ran from the place of occurrence by taking shelter behind the wall of the Ambedkar Park. The accused were firing with their weapons in which the complainant received pellets injuries on his chest, neck, face, left shoulder and right eye. The complainant and his maternal uncle also fired from their licensed weapons in the air in self defence. Because of the firing by the accused persons, the S.O. Alapur Shri Devendra Singh Tomar alongwith S.O. Civil Lines reached there and saved the complainant and his maternal uncle. The licensed weapons of the complainant and his uncle were taken into possession by the police. The applicant was got admitted in the District Hospital and during treatment he became unconscious. Thereafter when he regained consciousness he got the F.I.R. written by Ashok Kumar and lodged in the police station. On the basis of the said report Case Crime No. 273-A/93 under section 147, 148, 149 and 307 I.P.C. was registered at Police Station Kotwali District Budaun against the accused persons. During trial accused Lallan son of Kallan died, therefore trial commenced against the eight accused persons under sections 147, 307/149 I.P.C. During trial the prosecution examined P.W. 1 Subedar, P.W. 2 Dr. T.N. Sharma, Radiologist and P.W. 3 Dr. B.R. Gupta, Medicial Officer.;