JANGA SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Since the common questions of law and facts are involved in both these appeals, the same have been taken up together and decided by this common judgment.

(2.) These Appeals are instituted against the judgment and order dated 30.8.2011 rendered by the Additional Sessions Judge/Third FTC, Haridwar, whereby the accused/respondents Gurmit Singh, Kulwant Singh and Kashmir Singh, who were tried and charged u/S. 307, 120-B and 506, IPC, were acquitted in S.T. No.369/2005. Accused Gurmit Singh, who was tried in S.T. No. 370/2005, for the offence of Section 25 Arms Act, was also acquitted by the Trial Court.

(3.) Case of the prosecution, in a nutshell, is that PW1 Janga Singh has lodged the FIR on 26.10.2004 with the averments that on 25.10.2004, respondents/accused came to his house at 8 p.m. Gurmit Singh and Kunwant Singh were armed with guns. Gurmit Singh proclaimed that since the complainant was pursuing (doing Pairvi) of Shravan Kumar, let his entire family be done away with. Gurmit Singh opened the fire on the complainant but he narrowly escaped. Complainant and his family raised the alarm, hearing which, the neighbours, namely, Mahendra Singh, Pritam Singh, Jasvir Singh and other villagers came on the spot. Thereafter, the accused ran away towards the forest. Complainant further alleged that Aatma Singh and Kashmir Singh were also having complicity in the aforesaid crime.