- (1.) This Crl. Appeal has been preferred challenging the validity and correctness of the judgment and order dated 30.6.2014 passed in Sessions Trial No. 25 of 2007( State of U.P. Vs. Ajeet Singh and another) arising out of Case Crime No. 393 of 2000, under sections 307/34 I.P.C, Police Station Kotwali Nagar, district Bulandshahar.
(2.) The prosecution story in brief is that on 20.6.2000 complainant Dhanpal Singh son of Sri Sher Singh, resident of Gram Bachauli, Police Station Dehat, District Bulandshahar had lodged a written report against the accused at Police Station Kotwali Nagar, District Bulandshahar regarding an incident dated 20.6.2000 at about 10.00 AM alleging therein that the complainant is resident of Gram Bachauli, Police Station Kotwali Dehat, District Bulandshahar. He had come to the house of brother-in-law namely Subhash son of Mahendra Singh situated near Railway Station, Bulandshahar. Subhash used to work in office for installation of Dish. antenas On 20.06.2000 about 10.00 AM when the complainant was sitting in the control room of the office the accused persons namely Mukesh, Sant Pal and Ajeet Singh came there armed with fire arms and said, "yeh Dhanpal, Subhash ki badi pairokari karta hai, aaj isey jaan se maar do." They then opened fire with their country made pistol (Katta) with intention to kill the complainant. As a result Ajit, Mukesh and the complainant got injured.
(3.) Meanwhile, Subhash and Manoj both sons of Manthan Singh and Jagpal, resident of Gram Jatpura reached at the spot and saw the occurrence. Seeing the witnesses, the accused persons fled away from the spot. The complainant in injured condition was admitted in the District Hospital by Manoj and Subhash, where treatment was started after medical checkup. The Investigation Officer after completing the investigation, submitted charge sheet against the accused respondents. The prosecution in order to prove its case examined three witness of facts. PW-1 is Subhash, PW-2 is Dhanpal Singh, PW-3 is Manoj. Apart from that four formal witnesses were also produced by it. PW-4 is Sub Inspector Sangam Mishra, PW 5 is Dr. R.K. Gupta, PW-6 is Dheerajpal Singh (Retired D.S.P.) and PW-7 is K.P. Singh Tomar, Inspector C.B.C.I.D. Meerut.;