STATE OF UTTARAKHAND Vs. ROHIT CHAUDHARY

JUDGEMENT

(1.) This Government appeal is directed against the judgment and order dtd. 19/12/2019 passed by the learned Ist Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Sessions Trial No.35 of 2015, "State vs. Satish alias Mintu Chaudhary and others", whereby the learned trial court acquitted the respondent no.1-accused from the offence punishable under Sec. 302 read with Sec. 34 of IPC, acquitted the respondent nos.2 and 3, accused persons from the offence punishable under Sec. 302 read with Sec. 34 and Sec. 404 of IPC and acquitted the respondent no.4-accused from the offence punishable under Sec. 212 of IPC.

(2.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that on 17/6/2014, the informant, Anoop Agarwal, (PW-1), lodged an FIR at Police Station Kashipur with the allegations that at about 10.30 pm on 17/6/2014, when his cousin Arpit Kumar Agarwal, deceased, was coming towards his house on his vehicle Swift Car, some unknown persons had shot him in front of the house of Anil Mittal. Thereafter, Arpit Kumar Agarwal was taken to the Jeevan Rekha Hospital, where he was declared dead.

(3.) On the basis of written information, (Ext.Ka-1), the FIR was registered under Sec. 302 of IPC. The inquest proceeding and post-mortem of the dead body of the deceased were conducted on 18/6/2014. After completion of the investigation, the respondents-accused persons were charge-sheeted along with the co-accused persons Satish alias Mintu Chaudhary and Rajesh Kamboj.