- (1.) Heard Sri R.K. Mishra, appearing for the appellant, learned A.G.A. for the State, and perused the record. This criminal appeal along with connected Government appeal challenge the judgment and order dated 29.9.2011 passed by the Additional District and Sessions Judge, Court No. 8, Aligarh in S.T. No. 856 of 2006 : State v. Manoj and others, under section 307/302/120-B, IPC, Case Crime No. 6 of 2006 connected with S.T. No. 857 of 2006 : State v. Manoj, under section 25 Arms Act, case Crime No. 13 of 2006 and State v. Ajeet Singh under sections 302/120-B, IPC case Crime No. 06 of 2006, registered at Police Station-Chandaus, District-Aligarh, whereby all the accused persons have been acquitted. Since both the appeals are filed against the same judgment and the facts are same, they are being decided by this common judgment.
(2.) Learned Counsel for the appellant in leading Criminal Appeal No. 6436 of 2011 has assailed the impugned judgment on the grounds that the order of acquittal passed by the Court below is contrary to the evidence adduced before the Court; that the Court below has wrongly interpreted the statement of P.W.-1 and P.W.-2 ignoring material evidence on record; that the finding recorded by the Court below is perverse, baseless and against the record of the case; that from perusal of statements of P.W.1 and P.W. 2 given in the Court below, the offence under sections 307/302/120-B, IPC and 25 Arms Act are made out, but the Court below has illegally acquitted the accused persons which is not sustainable in eye of law.
(3.) The matrix of the prosecution in brief is that a written report was submitted by the complainant-Kalyan Singh son of Jaipal Singh, R/O Village-Umri, P.S.-Chandaus, District-Aligarh stating therein that on 30.1.2006 at about 7.00 P.M. his brother Ajit Singh was coming from Chandaus to his house on a motorcycle. Accused persons Manoj, Lala son of Surendra, Rakesh son of Mahendra and Surendra son of Makhan Singh of Village Umri were standing at the shop of one Vikas. Seeing the brother of complainant Ajit Singh (since deceased), accused persons started abusing him and when he objected they exhorted Manoj to shoot him. On this, Manoj fired upon Ajit Singh by a 12 bore country made pistol. Thereafter, all the accused persons ran away threatening that if any person would lodge a report or give evidence, he will also face the same consequences. The said incident was witnessed by Dharmpal son of Jai Singh, Bhole son of Gajraj Singh, Yogendra son of Jhabbu Singh. Subsequently, injured Ajit was taken to the hospital for treatment by Sarvir Singh son of Niranjan Singh, Yogendra Singh son of Jhabbu Singh, Dharmpal Singh son of Jai Singh and Bhole Singh son of Gajraj Singh.;