- (1.) THE instant Govt. Appeal is directed against the the impugned judgment and order dated 27.7.2002 of acquittal passed in Sessions Trial No. 652 of 1998, - State Vs. Subhas alias Kalia and another, connected with Sessions Trial No. 708 of 1998 -State Vs. Dinesh @ Bhattu, arising out of case crime no. 101 of 1998 Police Station Sherkot district Bijnor, under Sections 302/34 I.P.C. and case crime no. 103 of 1998 under Section 25 Arms Act.
(2.) RELEVANT to mention that both the aforesaid crime numbers/offences relate to one and the same incidence, both the aforesaid sessions trials were clubbed together and decided by common judgment by the trial court.
(3.) AT the very outset, it is pertinent to mention that during the pendency of the trial, accused Subhash alias Kaliya has died, and case against him stood abated vide order dated 15.12.2001 by the trial court itself. The prosecution story as emanates from the perusal of record suggests that a first information report was lodged at Police Station Sherkot district Bijnor on 7.7.1998 at 6.45 P.M. by the complainant Chandra Prakash son of Balbir Singh to the effect that on 7.7.1998 at about 5.30 P.M. the complainant along with his brother Rajesh Kumar, accompanied with his father Balbir Singh, were returning home situated in Mohalla Veerthala from the side of Jain Mandir. As soon as, his father Balbir Singh arrived near the house of Dharampal Singh Saini, after being 15 -20 paces ahead of complainant and his brother Rajesh Kumar; suddenly accused Subhash @ Kaliaya armed with country made pistol of 315 Bore and his brother Dinesh alias Bhuttu armed with country made pistol of 12 Bore (sons of Kripal Singh resident Sherkot) along with one unknown person armed with country made pistol, surrounded his father Balbir Singh in front of house of Sani.;