STATE OF UTTARAKHAND Vs. MOOSHA AND OTHERS

JUDGEMENT

(1.) The State has come up in appeal against the judgment dated 08.02.2012 rendered by learned Additional Sessions Judge/IIIrd F.T.C., Haridwar in Sessions Trial No.284 of 2004, whereby the respondents, who were charged with and tried for the offences under Section 307, 504 and 506 of IPC, have been acquitted. Kalwa, one of the co-accused has died on 25.08.2011 during the trial.

(2.) The case of the prosecution, in a nutshell, is that PW-1 Sitaram has filed a written report on 12.11.2002 to the effect that on 10.11.2002 at about 07.30 p.m., Kalwa had come to his shop in drunken condition and he asked for credit. He refused. Kalwa threatened him. After 45 minutes, he came with Azad, Ram Singh and Moosa armed with country made pistol. Kalwa fired on him. He ducked and saved himself. On hearing the gunshot, his brothers namely Shreepal and Hoiya came at the spot.

(3.) The first information report was registered and the matter was investigated and Challan was put up before the Court after completing all the codal formalities.