STATE OF U.P. Vs. AZAD AND ORS.

JUDGEMENT

(1.) This Government appeal under section 378 Cr.P.C. has, been preferred against the judgment and order dated 25.8.2014 passed in S.T. No. 884 of 2004, (State of U.P. v. Azad alias Ramzani alias Hafiz and others), by which the Additional Sessions Judge, Court No. 2, Bulandshahr, has acquitted the accused respondents of the charges punishable under sections 302/34, 120-B, IPC in crime No. 92 of 2003 and also in S.T. No. 885 of 2004 (State v. Saeed Ahmad @ Babbu) in crime No. 106 of 2003 under section 25, Arms Act. In nutshell the prosecution version is that Virasat, Sabir and Ehtesham, sons of Khayal Ahmad, lived as labourer in the garden of Vinay Pratap Singh. They were paid monthly salary of Rs. 1500/- each. Rais Ahmad was the caretaker of the garden whereas Saeed Ahmad @ Babbu was the contractor of the labourers. When monthly payment was not given to them, on 3.6.2003 Ehtesham requested Sayeed Ahmad at about 5 p.m. for it but Saeed refused to give the salary and threatened to kill him. On 4.6.2003 at between 3- 4 a.m. Saeed Ahmad is said to have fired from a country made pistol which injured Ehtesham in the stomach. He was taken to Government Hospital Khurja but the doctors in view of his critical condition referred him to Aligarh Medical Hospital, where he expired at about 8 a.m. First Information Report of the incident was lodged after 9 days of the incident. Investigation was conducted and after its completion, charge-sheet under sections 302/34, 201, 120B, IPC against the accused Azad @ Ramzani @ Hafiz, Majid @ Kaluwa and Saeed Ahmad @ Babbu was submitted. Charge-sheet under section 25/27, Arms Act was also submitted against the accused Saeed Ahmad @ Babbu.

(2.) On submission of the charge sheet, the matter was committed to Court of session and charges were framed against the accused persons in both the aforesaid session trial. The prosecution examined PW-1 Khayal Ahmad, PW-2 Virasat, PW-3 Dr. Naseem, PW-4 S.I. Jaipal Singh, PW-5 Dr. R.P. Sharma, PW-6 Inspector Sagheer Ahmad, PW-7 Inspector Arun Kumar Dubey, PW-8 Constable Arvind Singh, PW-9 Constable Sanjeev Kumar, PW-10 S.I. Arun Kumar and PW-11 Sabit in support of the case. The prosecution witness also proved the Police papers. After closing of the prosecution evidence, statements of the accused under section 313 Cr.P.C. were recorded. The accused also examined DW-1 S.I. Ramesh Chandra as defence witness in support of their case.

(3.) Having heard the learned Counsel for the parties, the Trial Court vide its aforesaid judgment and order acquitted the accused-respondents, hence the present appeal.