STATE Vs. HITESH

JUDGEMENT

(1.) In this petition, the State seeks leave to appeal against the judgment and order of the learned Additional Sessions Judge dated 23.01.2010 in Sessions Case No.78/2009. The respondents were charged with having committed an offence punishable under Section -307 IPC read with Sections -25, 54 & 59 of the Arms Act.

(2.) THE prosecution's case was that one Kuljeet Singh went to the Jawala Heri Market for daily collection (he professionally being the money lender) and was attacked by the 4 respondents after one of them i.e. Hitesh questioned him why he has quarreled with one of his friend two days ago. It is stated that the arguments were between the said Kuljeet Singh (hereafter mentioned as complainant) and the accused. On public intervention, the respondent - accused went away and Hitesh threatened to "see the complainant". It was further alleged that while the complainant was conversing with PW -4 Charanjit Singh, all the 4 respondents reached there; Yogesh and Ravinder caught hold of the complainant and the respondent accused gave him 2 -3 blows with an iron pipe on the foot of the complainant and the accused Hitesh told him "TU JAWALA HERI MEIN DADA BAN RAHA THA, AB TUJHKO SABAK SIKATE HAIN" and took out a katta and fired at him with a view to kill him. The complainant alleged that he narrowly escaped. It was also alleged that PW -4 chased the accused but the accused persons fled from the spot. Upon the matter being reported to the police, the FIR was lodged and the respondent was subsequently apprehended. The prosecution alleged that the desi katta and two live cartridges were recovered from the possession of Hitesh.

(3.) THE prosecution relied upon the evidence of 10 witnesses, the principal being PW -4 and PW -7. After considering the material on record, the Trial Court acquitted all the accused.