- (1.) BOTH the criminal appeals; one filed by the State of Rajasthan and another filed by accused namely Deedar Singh, arise out of the same FIR, same set of facts and evidence, hence they are being decided by this common Judgment.
(2.) THE State of Rajasthan has preferred appeal under Section 378(i) & (iii) Cr.P.C. against the Judgment of acquittal dated 12.5.2000 passed by learned Addl. Sessions Judge No. 2, Alwar, in Sessions Case No. 37/1998, whereby it challenged the acquittal of the accused respondent for the offence under Section 3/25 of the Arms Act and Section 16/54 of the Excise Act. The accused appellant has preferred appeal under Section 374 (2) Cr.P.C. against the Judgment of conviction and sentence dated 12.5.2000 passed by learned Addl. Sessions Judge No. 2, Alwar, in Sessions Case No. 37/1998, for the offence under Sections 308 and 341 IPC. Brief facts of the case are that Amar Singh S/o Sri Ram Yadav submitted a written report at Reserve Line, Malakhera on 20.6.1998 Ex. P. 2 to this effect that today in the night at about 9-10 PM he along-with Girdhar Gurjar, Mahendra Singh Choudhary, Gyan Singh Choudhary, Bajrang Singh, Hanif Khan Mev and driver Heera Lal Yadav went to Mauzpur from Malakhera, in a jeep bearing RJ-02-C-2761 to check the wine shop. When these persons came in the night at about 1:30 AM at the Mod of Tibara Bader, after checking the wine shops, then from the side of Ballu Singh, one Rajdoot motor-cycle came, on which two Roy Sikhs were there. The driver of the jeep in order to give side, slow down the speed of the jeep. These two Sardars identified the jeep that the jeep is of wine contractors. These persons put his motor-cycle at the center of road. Because of close of way, the jeep stopped, then one Roy Sikh made a fire by gun upon them. These persons caught Sardar with gun. The another Sikh ran away from the place of occurrence, by taking benefit of darkness. On the motor-cycle one tyre was tied, in which 15-20 illegal wine bottles were there. The injured persons have been admitted in Malakheda Hospital for treatment. The accused person was also admitted in the hospital for treatment. The Police on the basis of this written report, registered case No. 116/98 for the offence under Section 307 IPC, section 3/25 of the Arms Act and 16/54 of the Excise Act. The Police after usual investigation submitted challan against accused person for the aforesaid offences.
(3.) THE learned trial Court framed the charges against the accused person for the offence under Section 308 and 341 IPC, section 3/25 of the Arms Act and 16/54 of the Excise Act. During trial the prosecution in support of its case examined as many as 11 witnesses and certain documents were got exhibited. Thereafter the statement of the accused person under Section 313 Cr.P.C. was recorded. ;