STATE OF UTTARAKAND Vs. RAJIV GARG @ RAJU

JUDGEMENT

(1.) BOTH these appeals are directed against judgment and order dated 09 -02 -2010, passed by Learned Additional Sessions Judge/IV Fast Track Court, Haridwar, in Sessions Trial No. 253 of 2003, whereby said court has acquitted accused Rajiv Garg @ Raju from the charge of the offences punishable under Section 307 and 504 of Indian Penal Code, 1860 (for short I.P.C.).

(2.) HEARD learned Counsel for the parties and perused the lower court record.

(3.) ADDITIONAL Chief Judicial Magistrate, Roorkee, on 07 -02 -2003, on receipt of the charge sheet, after giving necessary copies, to the accused, as required under Section 207 of Code of Criminal Procedure ., committed to the case of court of sessions for the trial. Learned Additional Sessions Judge, Roorkee, on 22 -01 -2004, after hearing the parties, framed charge of offences punishable under Sections 307 and 504 I.P.C., to which the accused against Rajiv Garg @ Raju, who pleaded not guilty and claimed to be tried. On this prosecution got examined PW1 Sudesh Kumar (complainant and eye witness), PW2 Rajnish Kumar Saini (another eye witness), PW3 Gayur Ali (who handed over blood stained clothes of the injured to the police), PW4 Ajay Chaudhary (injured/eye witness), PW5 Dr. Rajendra Pal (who recorded injury of Ajay Chaudhary, and was part of the team of Medical Officers who operated upon injured), PW6 Assistant Sub Inspector Jagdish Kumar (who prepared recovery memo at the police station after receiving the pistol belonging to the accused deposited by the complainant) and PW7 Sub Inspector Mahesh Chand Panchbahiya (who investigated the crime). Apart from the prosecution witnesses, CW1 (court witness no 1) Rohtash @ Rodas, an Assistant Director of Forensic Laboratory, Agra was got examined. Oral and documentary evidence was put to the accused under Section 313 of Code of Criminal Procedure , in reply to which he alleged that evidence against him is false. However, no evidence in defence was adduced. The trial court, after hearing the parties found that the prosecution has failed to prove charge of offences punishable under Sections 307 and 504 of I.PC, against accused Rajiv Garg @ Raju, beyond shadow on reasonable doubt, and acquitted him of the charge. Aggrieved by said judgment and order dated 09 -02 -2010, passed by Learned Additional Sessions Judge/IV Fast Track Court, Haridwar, in Sessions Trial No. 253 of 2003, Appeal No. 33 of 2010 is filed by the complainant under Section 372 of Code of Criminal Procedure , (as amended), and Appeal No. 15 of 2010 is filed by the State, under Section 378 of Code of Criminal Procedure .