NOKHE LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Santosh Kumar Tiwari, learned Amicus Curiae, for the appellant and Shri Ratan Singh, learned A.G.A. for the respondents.

(2.) By means of the instant appeal under Sec. 372 of the Criminal Procedure Code (herein after referred to as "Cr.P.C.") the informant-appellant has challenged the judgement and order dtd. 1/10/2014 passed by learned Additional Sessions Judge, Court No. 1/Special Judge, Dacoity Affected Area, Mahoba in Special Case No. 47 of 2004 (State Vs. Hari Ram Prajapati and another) arising out of Case Crime No. 196 of 2004 under Ss. 387, 307/34, 452, 323/34 and 427 IPC, Police Station Kabrai, District Mahoba, whereby both the accused have been acquitted giving them the benefit of doubt.

(3.) Briefly stated, facts of the case are that the informant-appellant gave a report in the concerned Police Station on 11/5/2004 at 20:45 hours stating that when on the same day at about 4:00 p.m., he was coming to Kabrai from his home, the accused-respondent No. 3 (Dhirendra Singh) blocked the passage by parking his motorcycle in front of Jagdish's house, where the passage is narrow. The informant was going on his motorcycle and he stopped there. Dhanni, Rajju, Hariram Prajapati (the accused-respondent No. 2 and Dhirendra Singh (the accused-respondent No. 3) caught hold of the informant and made him sit there and they assaulted the informant by but of a gun, kicks and fists and said that they will set him free only when he pays Rs.10,000.00. They threatened to kill him with a gun and country made pistols. Upon finding an opportunity, the informant ran towards his home and Dhanni fired towards the informant with a 315 bore country made pistol with the intention to kill him. However, the shot missed the informant's temple and he had a narrow escape. The informant ran and entered the house of Prakash and the aforesaid people attempted to get the door of the house opened. Thereafter, they entered the informant's house and assaulted the informant's mother Achchhi Devi and sister Sudha with kicks, fists and shoes and destroyed the house-hold goods namely deg (a utensil), CD, TV, Battery and other goods of his shop, which resulted in a loss of about Rs.5,000.00. The accused threatened that if the informant makes a report of it, it will not be good for him. The incident was witnessed by Shaukilal, Bhawanideen and Deshraj Pradhan and they saved him.