RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal under Section 372 Cr.P.C. filed by the complainant against the judgment dated 31.07.2014 passed by Special Judge, S.C./S.T. Act, Etah whereby learned trial court has acquitted the accused-respondents no. 2 and 3 from the charges under Sections 307 read with Section 34, 504 IPC and 3(2)(v) of S.C./S.T. Act.

(2.) We have heard learned counsel for the complainant and learned A.G.A. on the point of admission and have carefully perused the record.

(3.) Brief facts of the case are that an F.I.R. was lodged by the complainant/appellant, Ram Chandra against two persons Rajesh and Bhoora, alleging that on 20.1.2001 at about 5.30 P.M. complainant's elder son Pravesh Kumar and one Abhinandan, resident of same village were going to the field to attend the call of nature. As they were sharing some light hearted conversation they were laughing while going to the fields. Accused Rajesh who saw them laughing thought that they were laughing on him. He intercepted their way and asked them as to why they were making a mockery of him and abusing him. The complainant's son replied that they were not abusing him. Hearing this, Rajesh slapped the complainant's son who returned home while weeping and narrated the entire incident to the complainant. When complainant asked Rajesh why he slapped his son, he started abusing him too. Hearing the noise accused Bhoora reached there and exhorted with the words "MAARO SALE KO GOLI JAYADA BANTA HAI". Thereafter, Rajesh fired from a country made pistol which he was carrying with him, due to which the complainant sustained injury in his left hand. After the occurrence, both the accused persons ran away from the spot. Witnesses Naresh and Rajendra had seen the whole incident.