- (1.) Aggrieved by the judgment and order dated 30.8.2010 passed by learned Additional Sessions Judge, Khurja, District Bulandshahr in Sessions Trial No. 906 of 2007, (State v. Sri Om and others) arising out of Case Crime No. 6638 of 2006 under sections 147, 148, 323, 149, 324 r/w 149, 436 IPC P.S. Khurja, District Bulandshahr, whereby the learned Trial Judge has acquitted all the accused persons from the charges levelled against them under the aforesaid sections, the complainant/informant has preferred this appeal under section 372 Cr.P.C. We have heard Shri A.P.S. Raghav, learned Counsel for the appellant as well as Shri Rajesh Singh holding brief of Shri S.N. Yadav for the private respondents and Sri Chandrajeet Yadav learned AGA for the State and have carefully perused the record.
(2.) The prosecution story in brief is that the appellant/informant Rajvir Singh lodged an FIR at Police Station Khurja Nagar, District Bulandshahr on 10.12.2006 at 8:30 a.m. to the effect that in the morning at about 7:00 a.m., on the same day i.e. 10.12.2006, accused persons Sri Om S/o Mukundi Lal, Jayanti S/o Devi Singh, Chandrabhan, Pankaj, Sachin, Pradeep, Manish, Rajpal, Rajendra, Mahendra and Komal, all belonging to Jatav community, all armed with Lathi, Danda, Ballam and country made pistols reached in their colony (colony of Valmikis) and set ablaze their houses. As a result, the personal belongings of inmates of those houses got burnt and destroyed. The informant and his family members somehow escaped from the spot and saved their lives. The motive behind the occurrence is also mentioned in the FIR itself according to which Vinod Jatav, son of one Saanwalia, had been murdered by some anti-social elements and Jatavs were thinking that someone belonging to Valmiki community was responsible for the murder of Vinod. So in order to take revenge of Vinod's murder they had committed the offence.
(3.) On the basis of this written report, criminal case under sections 147, 148, 307, 436, 149 was registered at Crime No. 663-A of 2006 against 13 accused persons named in the FIR and the matter was investigated.;