- (1.) Aggrieved with the judgement of acquittal dated 24.07.2006, passed by Additional Sessions Judge, Moradabad, the State has preferred this appeal with a prayer to set aside the impugned judgment and to punish all the accused persons / respondents no. 1 to 4, in accordance with law.
(2.) We have heard Shri Pradeep Pandey, learned AGA appearing on behalf of the appellant-State and Shri V.M. Zaidi, learned counsel for the respondents and have carefully gone through the original record.
(3.) The prosecution case in brief is that on February 21, 2004 at about 3.30 P.M., when the informant Saalim, his father Israrul Hassan and his brother Mohd. Waquir were working in their field and were cutting the sugar cane crop, the accused respondents tried to take away their Tractor through the informant's field. In the field of informant wheat crop was also standing at that time. Apprehending its destruction, when the informant forbade them from doing so, the accused persons came forward to mount an assault. The informant, his father and brother somehow saved themselves by running to their house. Thereafter, all the accused persons, armed with guns and country made pistols reached the informant's house and mounted a murderous assault on informant's family. The respondent no.4 Mohd. Hasnain, who was armed with a country made pistol, fired a shot on informant's father with intention to kill him. Thereafter, the respondents no. 2 and 3 Tausif Haider and Naz Haider opened fire on Mohd. Waquir, brother of the informant. The father and brother of the informant sustained fire arm injuries on their chest, legs and face. The father of the informant became unconscious and fell on the ground. Informant's mother ran to save him by holding him in her arms, whereupon the respondent no.1 Shane Haider hit on her head with the butt of his gun. On hearing the alarm, witnesses Islam Raza and Mohd. Zaqi reached at the spot and challenged the assailants, on which all of them fled away extending threats to kill the informant and the witnesses. The FIR of the incident was lodged on the same day i.e. 21.02.2004 at 6.15 P.M. and the injured were taken to the Hospital for treatment. The informant's father died on the way to the Hospital and was declared "brought dead" on 21.02.2004 at 7.00 P.M. by C.M.O. District Hospital, Moradabad. The injured brother and mother of the informant were medically examined at 7.15 P.M. on the same day. Multiple fire arm wounds in area 18cm x 0.8cm on the top of nose with chin and neck and two fire arm wounds in area 7cm x 2cm on the right side front of chest and multiple fire arm wounds in area 23cm on the front of lateral aspect of right forearm were found on the body of informant's brother Mohd. Waquir. All the injuries were kept under observation and X-ray was advised. On X-ray of chest, face and neck small rounded radio opaque shadow of metallic density were seen. However, according to supplementary medical report all the injuries were found to be simple in nature. The mother of informant, injured Nazfi Khatoon, too, was medically examined on the same day i.e. 21.02.2004 at 7.55 P.M. and a lacerated wound 4cm x 0.5cm x scalp deep was found on the right side of her head with bleeding present on it.;