STATE OF U.P. Vs. RADHEYSHYAM

JUDGEMENT

(1.) This government appeal has been preferred against a common judgment dtd. 23/1/2002 passed by the Special Judge/Additional District and Sessions Judge, Bijnor in Sessions Trial No. 39 of 1994 (State Vs. Radheyshyam and others) for offences under Ss. 302 read with Sec. 34 I.P.C., Sessions Trial No. 181 of 1994 (State Vs. Jogendra) only for offences under Sec. 25 of the Arms Act and in Sessions Trial No. 182 of 1994 (State Vs. Radheyshyam) only for offences under Sec. 25 of the Arms Act, Police Station Kotwali Dehat, District Bijnor, by which the accused respondents have been acquitted.

(2.) As per the prosecution case, it is stated that Rajesh along with Radheyshyam, Ram Kumar and Jeet Singh with an intention to kill, earlier made an attempt to murder the complainant Dinesh Singh on 1/10/1993. A report was lodged by the father of the complainant in the police station alleging that the accused attempted earlier to kill his father but they were unsuccessful. The father of the complainant (Phool Singh) had gone outside the house on the call of nature on 16/11/1993 at 5.A.M., and on way back in front of Dharmvir's house, he was apprehended by Radheyshyam, Jitendra, Yogendra and Rakesh. Radheyshyam had 315 Bore Rifle and others had country-made pistol and all the four accused fired at his father. Hearing the sound of fire shots, the complainant and his uncle Suresh and some villagers reached the spot. The accused threatened them to dire consequences, in case they come to save the deceased or anyone who dares to lodge F.I.R. or comes forward as witness. The father of the complainant died on the spot. The villagers did not accompany the complainant to lodge the report, thereafter, the complainant went to his brother Brijpal Singh residing in Village Kiratpur. He took him to the police station and thereafter the report was lodged.

(3.) The charge sheet was submitted before the C.J.M., under Sec. 302 I.P.C. The accused denied the charge. The charge sheet was also filed under Sec. 25 of the Arms Act.