- (1.) This leave to appeal arises out of a judgment dated 29th August, 2009 passed by learned Additional Sessions Judge (F.T.C.-1), Court Room Nos. 10, Sultanpur, in Sessions Trial Nos. 400 of 2006 recording acquittal of accused-respondents in an offence under Section 307/34 I.P.C.
(2.) We have heard learned State Counsel and perused the trial court judgment.
(3.) It appears that the incident took place on 28-10-2006 when complainant Krishna Kant Dwivedi was going on his motorcycle at 8:30 a.m. towards Musafirkhana for teaching. Accused-respondents came in a Maruti Car and driving parallel to his motorcycle fired gunshots. As a result, the complainant fell down. Thereafter, the accused-persons took out the key of motorcycle and fired again at the complainant and went away in the car. Further, as per prosecution case, there was past enmity between the parties. On careful scrutiny of the trial court's judgment, we do not find any infirmity and perversity whatsoever in it, for the reason that the injury noticed on the body of the injured could have been self-inflicted or could be received from a friendly hand. That apart, the marks of holes noticed on the cloth of the complainant were at different places from the marks of injury on the body. Moreover, no bullets/pellets were found inside the body, nor was there any exit wound.;