PRABHAT CHANDRA TRIPATHI,J. - (1.) We have heard Sri Rajeev Gupta, learned A.G.A. for the appellant-State of U.P. and Sri K.K. Arora and Sri Bipin Kumar, learned counsel for the accused persons-respondents.
(2.) This appeal has been preferred by the appellant-State of U.P. against the impugned judgement and order of the then learned Additional Sessions Judge, Court No.5, Kanpur Dehat dated 30.08.2006 in Sessions Trial No.120 of 2003, arising out of Case Crime No.167 of 2002, under Sections 147 , 148 , 307 / 149 and 302 / 149 Indian Penal Code, Police Station Moosanagar, District Kanpur Dehat acquitting the accused-persons Tahir Khan, Babu Khan, Mangali, Tauseef Khan, Mohammad Hasan, Tauseef Khan, Farid Ahmad and Shakeel Ahmad of the charges levelled against them under Sections 147 , 148 , 307 / 149 and 302 / 149 I.P.C.
(3.) The written F.I.R. in Hindi Vernacular is enumerated as below:- "The applicant-Ateek Ahmad Khan son of Sami Ahmad Khan, resident of village Chandpur, Police Station Moosanagar, District Kanpur Dehat moved a written First Information Report dated 10.05.2002 at 11:30 A.M. before the Station Officer, Police Station Moosanagar, District Kanpur Dehat on 10.05.2002 at 13:00 hours that on 10.05.2002 at about 11:30 A.M. his uncle (Bade Abba) went to fetch the water from the government hand pump. At the same time, Tahir Khan son of Babu Khan also came to fetch the water and restrained Mustak Khan to fetch the water. At the same time, Babu Khan, Mangali Khan, sons of Munne Khan, Tahir Khan son of Babu Khan, Tauseef Khan, Mohammad Hasan sons of Mangali Khan and Tauseef Khan son of Taufeek Khan wielding bamboo sticks, 'Farsa' (Grubbing Spade) and Axe came with a common opinion and the fight ensued. Upon hearing the noise, applicant-Ateek Ahmad Khan and his brother Yakub Khan and Israr Khan son of Mahboob Khan rushed to rescue them. Then Fareed Ahmad and Shakeel Ahamd sons of Haseeb Ahmad wielding guns reached and with intention to kill them fired at them. The brother of the applicant died at the spot from the bullet fired by Fareed. Applicant and his uncle (Bade Abba) Mustak received injuries in the fight. Mohammad Kamal, Asif son of Mustak Khan had witnessed the incident at the place of occurrence. He (applicant) had brought his dead brother Yakub Khan and prayed to lodge the report and legal action might be taken." ;