STATE Vs. ASHOK @ KALA

JUDGEMENT

(1.) THE State seeks leave to appeal against the judgment and order of the learned Additional Sessions Judge dated 27th November, 2010 in S.C. No. 608/2009. The respondent/accused was acquitted for having committed the offences punishable under Section 307/120 -B/34 IPC.

(2.) The prosecution allegations were that on 24.09.2001, information was received by P.S. Kashmere Gate that the complainant, PW -24, has received a gunshot injury near Mori Gate Senior Secondary School. The DD entry Ex. PW -19/A was recorded and handed over to PW -19 S.I Risal Singh for necessary action. He reached the spot and discovered that the injured had been removed to Trauma Centre by CAT ambulance. Subsequently, the statement of the injured PW -24 Amrik Singh Layalpuri was recorded; the same was produced during trial as Ex. PW -19/B. On the basis of this intimation, Ex. PW -5/A was prepared and FIR was lodged. It was alleged in the statement Ex. PW -19/B that when PW -24, the victim was riding his scooter on the way to Tis Hazari, the respondent (with whom he had some dispute pending in the courts), pointed a fire alarm pistol and later shot him. It was alleged that the bullet hit the complainant (PW -24) on the left pelvic bone; he had to stop the scooter and was later taken to the hospital.

(3.) AFTER completion of investigation, the respondent was arrested and charged for having committed the offence punishable under Section 307 IPC along with the other provisions. He pleaded not guilty and claimed trial. The Trial court relied upon the testimony of 26 eye witnesses besides material exhibits which included the recovery memo/seizure memo in respect of the bullet said to have been embedded in the scooter. During the course of investigation, the scooter too was seized. The Trial court after consideration of all the materials, concluded that the prosecution was unable to prove the respondent's guilt beyond reasonable doubt.