STATE OF U.P. Vs. GURBACHAN LAL

JUDGEMENT

(1.) This appeal filed by the State, and the Criminal Revision filed by the complainant, are directed against the judgment and order dated 12th of November 1980, passed by Sessions Judge, Nainital, in Sessions Trial No. 54 of 1980, whereby said court has acquitted accused / Respondents Gurbachan Lal and Janak Raj from the charge of offences punishable under Section 148, 302 and 307 of the Indian Penal Code, 1860 (for short I.P.C.), and accused / Respondents Sarjeet Lal, Tilak Raj, Daulat Ram, Dalip Chand and Kishore Sharma from the charge of offences punishable under Section 147, 302 / 149 and 307 / 149 of I.P.C.

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

(3.) Prosecution story, in brief, is that on 23rd of November 1979, at about 10:00 P.M., a reception party was going on in Ramraj Farm, within the limits of police station Bazpur, after the marriage of son of one Lala Jagan Nath. Prosecution story is that accused / Respondents Gurbachan Lal, Daulat Ram, Tilak Raj, Janak Raj, Sarjeet Lal, Dalip Chand and Kishore Sharma formed an unlawful assembly. Two of them namely Gurbachan Lal and Tilak Raj were armed with pistols. They came in the reception and fired shots at Daljeet Singh (P.W. 1), who got injured. Shamsher Singh (deceased) in an attempt to save Daljeet Singh went close to him and fires were shot at him also. When Milkiyat Singh (P.W. 4), Beant Singh (P.W. 3) and Virendra Kumar (P.W. 5) went to save Shamsher Singh, the accused / Respondents Daulat Ram, Tilak Raj, Sarjeet Lal, Dalip Chand and Kishore Sharma caught hold of them. In the incident Milkiyat Singh (P.W. 4) also got injured. The first information report (Ext. A -3) was lodged by Beant Singh (P.W. 3) on 23.11.1979, at about 11:05 P.M., at police station Bazpur. On the basis of said report, Crime No. 334 of 1979 was registered against the accused, and crime was investigated by P.W. 12 Sub Inspector Vikram Singh Rana. The Investigating Officer after interrogating the witnesses, and on completion of investigation, submitted charge sheet against seven accused, namely Gurbachan Lal, Daulat Ram, Tilak Raj, Janak Raj, Sarjeet Lal, Dalip Chand and Kishore Sharma, for their trial in respect of offences punishable under Section 147, 148, 302 / 149 and 307 / 149 of I.P.C.