STATE OF UTTAR PRADESH Vs. RAJA ETC

JUDGEMENT

(1.) These appeals arise out of judgment and order dated 29th May, 2009 passed by the High Court of Judicature at Allahabad in Criminal Appeal NO.568 of 2002, Criminal Appeal No.231 of 2002 and Criminal Appeal NO.250 of 2002 in which the High Court reversed the verdict of the conviction and also the sentence and acquitted the respondents.

(2.) The facts of the case in a nutshell are as follows. On 13th June, 1995 at 9.00 a.m. deceased-Shabu along with Riyazuddin (PW-2) was taking their buffaloes for grazing in the jungle. Complainant, Imamuddin (PW-1) and Hafiz were following them. The case of the prosecution is that when deceased-Shabu and Riyazuddin (PW-2) were so proceeding to the jungle, accused Raja (A-1) exhorted the other accused that they have an opportunity to kill both the brothers, namely, deceased-Shabu and Riyazuddin (PW-2). Raju (A-2) and Aas Mohammad (A-3) (since acquitted) who were armed with rifles fired at Shabu and also on Riyazuddin (PW-2). Shabu sustained gunshot injuries on his chest and died on the spot. Injured Riyazuddin (PW-2) received injuries on his right forearm. On seeing Imamuddin (PW-1) and other villagers coming towards them, all the accused ran away. On the complaint lodged by Imamuddin (PW-1), law was set in motion. Dr. P.K. Chaturvedi (PW-3) conducted postmortem on dead-body of the deceased-Shabu and noted the following injuries:

(3.) Based upon the evidence of Imamuddin (PW-1) and Riyazuddin (PW-2), injured witness, the trial court convicted Raja (A-1) (since dead) Raju (A-2) and also Aas Mohammad (A-3) under Section 302 I.P.C. read with 34 I.P.C. Fourth accused Sarfaraj was acquitted by the trial court from all the charges. In the appeal preferred by the accused, the High Court set aside the conviction and acquitted the accused from all the charges. Being aggrieved, the State is before us.