STATE OF U.P. Vs. MAHESH

JUDGEMENT

(1.) Heard learned A.G.A. for the State and perused the record of the trial Court.

(2.) By means of instant application moved under Section 378 (3) of the Cr.P.C., the State has requested to grant leave to appeal against the impugned judgment and order dated 20.12.2017 passed by learned learned Additional Sessions Judge, Court No.1, Hardoi in Sessions Trial No. 682 of 2013, " State vs. Mahesh", arising out of Case Crime No. 154 of 2012, under Sections 307, 504 and 506 of I.P.C., Police Station Shahabad, District Hardoi, whereby respondent/Mahesh has been acquitted of the charges under Sections 307, 504 and 506 of I.P.C.

(3.) The prosecution story as is revealed from the record is that on 17.03.2012 at about 16:30 hours informant Baladeen submitted a written application to the Station House Officer, P.S. Shahabad, District Hardoi stating therein that on 08.03.2012 accused Ranveer son of Hemnath asked him to pay some money for the purpose of consuming liquor. He refused to pay the money whereon Ranveer threatened him. In the evening at about 7:30 pm, when his grandson Shivsharan was returning home after extending holi greetings and when he arrived near the house of Shishupal, Mahesh son of Hemnath fired at him from a country-made pistol and the fire hit him on the back. His grandson made a hue and cry, on which his mother Smt. Savitri Devi arrived at the scene and witnessed the whole incident. Accused fled away from the spot after threatening his grandson. He took his grandson to the Government Hospital, Shahabad and from there he was referred to the District Hospital, Hardoi and there from he was taken to Government Hospital, Lucknow, where he was treated. It is also stated that the brothers of Mahesh, namely, Ranveer and Shishupal were also with him.