- (1.) APPELLANT Mohd. Shakir Ahmad has challenged the impugned judgment and order dated 1.5.2014 passed by court of Additional Sessions Judge, Meerut in Sessions Trial No.1004 of 2004 arising out of Case Crime No.23 of 2004 for offences under Sections 452 and 307 IPC and Case Crime No.24 of 2004, under Section 25 of Arms Act, police station Parikshitgarh, district Meerut.
(2.) BY the aforesaid impugned judgment and order, the trial court acquitted respondent no.2 Athar Khan under the aforesaid sections of Indian Penal Code and Arms Act.
(3.) WE have heard learned counsel for the appellant as well as learned counsel for the opposite party and learned AGA for the State and perused the entire record as available on the file. Briefly stated the case of the prosecution, as it appears from the perusal of the certified copy of impugned judgment has its genesis in the complaint of Mohd. Shakir Ahmad s/o Mohd. Idrish Ahmad, R/o Town Area Compound Parikshitgarh, district Meerut, which was lodged on 3.2.2004 at police station Parikshitgarh whereby it was alleged, inter alia, that respondent no.2 Athar Khan with intent to kill him opened gun shot fire on him in his room on 3.2.2004 at about 9 a.m. while he was taking food. As per written report, the gun shot missed the target and no injury was caused to the complainant Mohd. Shakir Ahmad. On hearing the sound of firing, Mohd. Safiya and Billu, the neighbours of the complainant, arrived at the scene of occurrence and caught the accused -respondent Athar Khan. The respondent was taken to the police station where country -made pistol -315 bore with one empty cartridge in its barrel was recovered by the police from the accused -respondent. Accordingly, two different cases against different crime numbers as above were registered against accused respondent and he was taken into custody. Investigation followed and after completion of investigation, charge -sheet was filed against accused -respondent under the aforesaid sections of Indian Penal Code and the Arms Act. Consequently, the case was committed to the court of Sessions. From where it was made over for trial to the court of Additional Sessions Judge - say the trial court.;