- (1.) Rattan Singh and Bhoop Singh were tried by the court of learned Sessions Judge, Bhiwani, for the offences punishable under Sections 307/323/326/452/34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 25/27 of the Arms Act and on account of having found the prosecution to have failed to fix their guilt, they were acquitted of the charge against them, vide judgment dated 31.03.2008. Facts situation, as noticed in para 2 of the impugned judgment by learned trial Court, is as under:- "2. Shorn of unnecessary details, the facts of the prosecution case are that on 28.01.2007 Raj Kumar, Sub Inspector/Station House Officer (in short SI/SHO) of P.S. Bawani Khera along with other police officials was present at bus stop at village Jamalpur in a Govt. vehicle bearing registration No. HR-61-2586 where complainant Sita Ram son of Baje Singh resident of village Rohanat met him and got recorded his statement to the effect that about two years ago, he had purchased 12 acres of land from Jhinder etc. of village Ratera due to which Rattan Singh son of Arjan Singh and his family members used to have grudge against him because they wanted to purchase the said land. On 28.01.2007 Ram Diya son of Shish Ram came to him in the fields. Rattan Singh, Bhoop Singh and Naresh son of Bhoop Singh were also working in their field which was adjacent to his fields. An altercation took place in between him Rattan Singh etc. over the watercourse. Rattan Singh cut his left ear with his teeth. He was rescued by Ram Diya. Thereafter, he came to the house on the motor cycle of Ram Diya. Rattan Singh etc. also followed them to the village. He and Ram Diya went to the roof of his house. At about 01.00/01.30 p.m., Rattan Singh, Bhoop Singh sons of Rajan Singh empty handed and Naresh son of Bhoop Singh armed with a .315 bore pistol came there and tried to enter his house. He threw wooden strip from the roof towards them and went inside the room. Aforesaid persons also came on the roof, where his wife Chander Kala and son Chetan were present. Naresh fired a shot upon him which hit the wall of the varandah. He fired another shot which also hit the wall of the room after crossing its door. He then ran towards the roof of neighbourhood and his wife Chander Kalan raised noise of 'Mar dia Mar dia' Thereafter, the assailants ran away from the spot with the weapon. After arranging a vehicle, he reached Govt. Hospital at Jamalpur where he was medico legally examined. Rampal and Satpal were also party to this dispute. Rattan Singh, Bhoop Singh and Naresh caused injuries to him without any reason and fired upon him with intention to kill. The incident was witnessed by his wife Chander Kalan, son Chetan and Ram Diya. On the basis of his statement, a case punishable under Sections 307/323/326/542/34 IPC and 25/27 of the Arms Act was registered vide FIR No. 12 dated 28.01.2007.
(2.) The matter was investigated into and statements of witnesses were recorded. Challan was filed and accused were charge-sheeted for the offences punishable under Sections 307/323/326/452/34 IPC and Sections 25/27 of the Arms Act. On a plea of not guilty and a claim for trial being put up by the accused, prosecution examined seven witnesses. However, the material witnesses, namely Smt. Chander Kalan, Chetan and Dr. Jitender Kumar, did not support the prosecution case and, accordingly, the accused were acquitted, as aforesaid.
(3.) However, while acquitting the accused, learned trial Court directed that the case property, including a licensed gun belonging to Bhoop Singh, be confiscated.;