STATE OF U P Vs. AMIT

JUDGEMENT

(1.) THE present government appeal is directed against the judgment of acquittal dated 3-6-2003 passed by the learned Additional Sessions Judge, Court No.12, Ghaziabad in Session Trial No. 478 of 2001 by which the solitary respondent Amit was acquitted of the charge under section 307 I.P.C.

(2.) THE prosecution case is contained in Exhibit Ka-1, the written report of PW-1 Jitendra Singh, it was stated by him that while he was going to his house from his gher (probably, the cattle shed), he was accompanied by his villagers, Soran Singh (not examined) and Lahri Singh (PW-2). When the informant reached at the place in front of the house of one Kripal, a Tata 407 vehicle came from the opposite direction. The present respondent Amit was also coming behind the informant and all of a sudden he hit the informant in his back, as a result of which he shouted and fell down. His villagers Soran Singh (not examined) and Lahri Singh (PW-2) attempted to apprehend respondent Amit, but he ran away from there and to disappear in the village. PW.1 stated that he and others of the village had seen the respondent assaulting and injuring him as a result of which he was bleeding from his waist.

(3.) DURING cross-examination PW-6, S.I. R. L. Yadav stated that he recorded further statement of the injured on 27-6-2000 at about 10.00 a.m. and, thereafter, he forwarded him to Government Hospital, Garh, but did not go there himself with the injured.