STATE OF U P Vs. BONI

JUDGEMENT

(1.) This government appeal has been filed on behalf of State along with application for grant of leave to file appeal against the judgment and order dated 6.11.2004, passed by Additional Sessions Judge, Court No.4, Budaun, in Sessions Trial No.1137 of 1998, under Section 307/34 I.P.C. , P.S. Sahasvan, district Budaun whereby both the accused facing trial have been acquitted.

(2.) Heard learned A.G.A. and perused the record.

(3.) Shorn of unnecessary details, the brief facts giving rise to this appeal are that on 8.11. 1997 at about 6.00 p.m. the first informant Sonepal along with his mother, Smt. Surajmukhi were going in the lane outside their house. Soon after that the informant saw accused Boni armed with a spear and accused Kalicharan armed with a gun. No sooner than the first informant saw them, accused Boni exhorted co-accused Kalicharan and instigated him to kill the informant. It was on this exhortation that accused Kalicharan opened fire on the first informant. According to prosecution story the assailant missed his aim and the fire hit Smt. Surajmukhi, who as a result of this , received gun shot injury on her arm. On hearing hue and cry raised by the first informant, the witnesses of same village arrived on the spot and saw the incident. The F.I.R. of the case was lodged on 9.11.1997 at 2.05 a.m. in the police Station Sahasvan under Section 307 I.P.C.