SHYAM SUNDER SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) This is an appeal u/s 372 of the Cr.P.C. 1973 instituted by the appellant/complainant against the judgment and order dtd. 10/8/2021 passed by learned Session Judge, Mathura in Sessions Trial No. 264 of 2019 (State Vs. Udaichand Sharma @ Uddi and one other) u/s 307/34, 325/34, 427, 504 IPC, P.S. Chhata, District Mathura acquitting the accused/opposite party nos. 2 and 3.

(2.) The factual matrix of the case is concerned as worded in the present appeal purported to be u/s 372 Cr.P.C. are that the appellant/complainant being Shyam Sundar Sharma S/o Sri Bhoop Singh R/o Village Bathain Kala, P.S. Kosikala, District Mathura had submitted that a typed complaint on 23/8/2018 with the allegation that on 13/8/2018 the appellant/complainant along with his brother Mukesh R/o Bathain Kala, Chatta, Mathura and Ram Gopal Tomar S/o Prem Singh R/o Laxmi Nagar, Krishna Nagar, Mathura had gone to the Registry Office, Chatta. It has been further alleged that the appellant/complainant had also gone to Police Station Chatta before Station House Officer in connection with his case. According to the appellant/complainant his brother Mukesh and Ram Gopal did not accompanied him as they were in the District Court. In the complaint it has further alleged that after meeting the Station House Officer at about 6 in the evening he while riding his motorcycle bearing registration no. HR30N0336 proceeded for his house situate at Bathain Kala and on Gauhari crossing he saw a car chasing him bearing registration no. HR50F5244 in which the accused respondent no. 2 Udai Chand S/o Chimman, Peetam S/o Nita @ Nitti opposite party no. 3 Giriraj S/o Nitti and Ravi S/o Giriraj were sitting and the said vehicle was driven by Ravi S/o Giriraj. As per the written complaint with the view to dispose of the appellant/complainant the subject vehicle hit the two wheeler of the appellant/complainant form the back on account whereof the appellant/complaint fell down on the surface of the road and thereafter again the vehicle which had proceeded from the place where the appellant/complainant fell down it was again taken back and put upon the appellant/complainant in order to trample him. It is further alleged that accused uttered that earlier complainant got himself saved from gun shot firing which was resorted earlier and he still alive so in the aforesaid factual backdrop according to the appellant/complainant for the third time the vehicle was put to motion so as to trample the appellant/complainant. In the FIR it was further alleged that by that time brother of the appellant/complainant being Mukesh and one Ram Gopal came on the site in question and they witnessing the said incident proceeded to catch the accused but they fled away from there. In the FIR it was further alleged that the brother of the appellant/complainant being Mukesh and Ram Gopal took away to appellant/complainant to B.P.L. Nursing home, Kosi Kala wherein treatment at first instance was done by the Doctor therein, however looking into the severe injuries so sustained by the appellant/complainant, he was referred to Survodaya Hospital situate at Sector-8 Faridabad, Haryana. As per the FIR, the injuries so sustained by the appellant/complainant was to the effect that the bones of the shoulders got fractured and three ribs of left side also got fractured and injuries were sustained on head, hand and legs. Record reveals that the incident occurred on 13/8/2018 around 06:00 p.m. whereas the FIR was lodged on 23/8/2018 purported to be u/s 325, 307, 504, 429 IPC, Investigating Officer was nominated and he conducted the investigation.

(3.) In order to bring home the charges the following prosecution witness were produced namely:-