- (1.) BOTH the connected cases as Government Appeal No.4260 of 2005 and Criminal Revision Defective No.491 of 2005 are directed against the same impugned judgment and order dated 6.6.2005 passed by Additional Sessions Judge,court no.3, Moradabad, rendered in S.T. No.747 of 2004 arising out of Case Crime No.680 of 2004, State of U.P. Vs. Vikas and another, under sections 302/34 I.P.C. P.S. Behjoi, District Moradabad and hence both were clubbed together and are being disposed of by this common order.
(2.) BY the aforesaid impugned judgment and order, the trial court acquitted both the accused persons, namely, Vikas and Manoj under the aforesaid sections of Indian Penal Code.
(3.) WE have heard learned AGA for State and the learned counsel for the accused -respondents 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 impugned judgment has its genesis in the complaint of Smt. Saraswati Devi w/o Akhilesh Sharma, R/o village Dhadaul, P.S. Bahjoi, district Moradabad, which was lodged on 12.7.2004 at around 11.35 p.m. at police station Bahjoi whereby it was alleged, inter alia, that her husband Akhilesh Sharma had gone at the PCO to call at her parental home and returned back home at around 10.30 p.m. when accused -respondents Vikas S/o Jyoti Prakash and Manoj S/o Raghuvir Sharan due to enmity of Pradhan Election had fired upon him with their country -made pistols, which shot hit her husband, who fell down on the ground. Due to which, panic and terror was spread over in the locality and the accused persons made their escape good from the scene. The incident was witnessed by her 'dever' Sarvesh, her daughter Km. Manju and other villagers in the light of electricity. The dead body of the deceased Akhilesh Sharma is lying on the spot.;