MOHD UMAR FAROOQ Vs. SHER BAHADUR SINGH

JUDGEMENT

(1.) ALL the above captioned appeals are being adjudicated by this single verdict because those all have arisen out of the same judgment and order dated 19.10.2010 rendered by the 3rd Additional Sessions Judge, Udham Singh Nagar.

(2.) SEVEN accused persons were tried. For convenience, we may name the accused Babli Man @ Virajman as A1, Bheem Bahadur as A2, Satish Chandra as A3, Prabhu Dayal @ Raju @ Keshav as A4, Kulwant Singh @ Keti as A5, Sher Bahadur Singh as A6 and Kuldeep Singh as A7. All these seven accused persons were tried for the offences under Section 147, 148, 307 (149), 504, 506, 120B of IPC pertaining to Crime No. 1146/2005, PS Kichha, District, Udham Singh Nagar. Out of these seven, A2, A3 and A4 were also tried for the offence under Section 25 Arms Act allocating each of them a separate sessions trial number for the illegal weapon of assault allegedly recovered from them. Learned Additional Sessions Judge was of the view that no charge for any of the offences was found proved against any of the accused persons beyond reasonable doubt. So, he passed the order of acquittal of all the accused persons exonerating them from all the charges levelled against them. Feeling aggrieved, Mohd. Umar Farooq, the victim/injured has come up before us by way of filing the Criminal Appeals 261/2010, 262/2010 and 263/2010, while the Government has also preferred rest of the appeals as titled above challenging the acquittal of the accused persons in Crime No. 1146/2005 as well as the acquittal of A2, A3 and A4 from the charge of offence under Section 25 Arms Act in their respective sessions trial. It can be taken note of that Government has not preferred any appeal, either by mistake or for some other reason, against the acquittal of A6 in Crime No. 1146/2005, but such omission on the part of the Government would not carry any meaning because acquittal of A6 in Crime No. 1146/2005 has been challenged by the victim Mohd. Umar Farooq by way of filing the Criminal Appeal No. 261/2010.

(3.) IT is also pertinent to mention that A4 Prabhu Dayal @ Raju @ Keshav died during the pendency of the appeal on 26.6.2014. His death certificate is enclosed with the file. So, the appeal against him stands abated.