Amar Saran, J. - (1.) THIS Government appeal has been preferred by the State against the judgment and order passed by the Sessions Judge, Meerut, dated 13.9.2002, in S.T. No. 1427 of 1996, acquitting the accused-respondent, Arun Kumar, of the charge under Section 302, I.P.C.
(2.) THE facts of this case, briefly, were that on 6.6.1996 at about 10 a.m. when Yuddhavir, son of the informant Bakhtawar Singh, was irrigating his field by running his tube-well engine, and his brother the deceased Sudhir who was another son of the informant, was lying under a nearby tree. Bakhtawar Singh, the informant, was harvesting his sugarcane. At that time the accused-respondent, Arun Kumar, reached the chak of the informant and fired at Sudhir with a country-made pistol, with the objective of murdering him on account of an 8 years old enmity. On hearing the firing, the informant, and his son Yuddhavir, reached near Sudhir. THEy tried to apprehend Arun, who however made good his escape towards the village after threatening them with his country-made pistol. After that the informant and his son Yuddhavir started taking Sudhir to Mawana but Sudhir succumbed to his injuries on the Bhainsa road. THE informant, after leaving the deceased Sudhir in the care of his family members, lodged the F.I.R. at P. S. Mawana at Case Crime No. 138 of 1996 on 6.6.1996 at 11.50 a.m. Two witnesses, P.W. 1, Bakhtawar Singh, the informant and father of the deceased, and P.W. 2, Yuddhavir Singh, the brother of the deceased, have been examined in this case. In addition, P.W. 3, S.I. Rajpal Sharma, who conducted the inquest on the body of the deceased ; P.W. 4, Dr. J. P. Bhardwaj, who conducted the postmortem on the deceased on 6.6.1996 at 6 p.m. ; P.W. 5, S.I. J.S. Pundir, who is the second Investigating Officer who submitted the charge-sheet in this case ; P.W. 6, Head Constable Chhotey Singh, who prepared the check F.I.R. and P.W. 7, R. S. Yadav, who was the first Investigating Officer of this case are the formal witnesses who have also been examined in this case.
(3.) P.W. 1, the informant Bakhtawar Singh has deposed that he owned plots (chaks), one of which was to the north of Bhainsa-Mawana road and the other was to the South of the road at about 100-150 paces east of the former plot. At the time of incident, Bakhtawar was getting his sugarcane harvested. At about 10 a.m. he was coming to oversee the irrigation from his tube-well when he heard a fire. At that time he was on the main road. He saw the respondent firing on his son who was lying under a tree near the tube-well of Balwan. His son Yuddhavir, who was watering his own field, also saw this incident. The accused escaped threatening them with a country-made pistol. Then arrangement was made for carrying the deceased, who was then injured, on a bullock-cart which was standing there for treatment to Mawana. However, as Sudhir died on the way near Hans Raj's field, he was left there on the bullock-cart under the care of many persons who had gathered there, as well as his wife who had just reached there carrying their meals. P.W. 2, Yuddhavir Singh, has deposed that on the date of the incident he alongwith his brothers, Sudhir and Alok, had reached the tube-well at about 6 or 7 in the morning. Their village was about 500 paces from this plot and it was north of the road which connected Bhainsa village to Mawana. The plot of the accused was east of the plot of this witness. After sometime their father Bakhtawar Singh arrived at their plot. At that time the deceased Sudhir was roaming around there. Their father went to another plot which was at some distance and lay to the south of the Bhainsa-Mawana road. His father was getting the sugarcane crop cut. For some time Sudhir was helping him to run the tube-well engine. Then he went and lay down under the mulberry (shahtoot) tree near the tube-well of the accused on their plot. At about 10 a.m. the respondent Arun fired on Sudhir where he was lying. This incident was witnessed by this witness Yuddhavir and his father. They rushed towards Sudhir. But the accused ran away carrying his country-made pistol. After that they made a bullock-cart which was standing there functional and proceeded towards Mawana but Sudhir succumbed on the way. Then P.W. 1 Bakhtawar Singh and P.W. 2 Yuddhavir left his body on the bullock-cart in the care of Yuddhavir's mother who was coming there with their food. After that they left for P. S. Mawana where they handed over the written report.;