STATE OF U.P. Vs. OMVIR AND ORS.

JUDGEMENT

(1.) Heard learned AGA for the State of U.P-appellant. and perused the record.

(2.) This Government Appeal No. 3156 of 2007 along with Criminal Misc. Application (Leave to Appeal) under Section 378 and 378(3) Cr.P.C. has been preferred challenging the validity and correctness of the impugned judgment and order dated 10.1.2007 passed by the Addl. Sessions Judge, Court No. 7, Muzaffarnagar in S.T. No. 436 of 2005 (State Vs. Omvir and another) connected with S.T. no. 437/2005 (State versus Omvir), S.T. No. 438/2005 (State versus Shahzad) and S.T. No. 895 of 2005 (State versus Idrisi) acquitting the accused-respondents of the charges framed against them under Sections 302 IPC read with Section 34 IPC and Section 25 of the Arms Act.

(3.) The prosecution story, in brief, is that informant Rais Ahmad son of Jamil Ahmad Ansari submitted a written report scribed by one Wakil Ahmad at P.S. Kairana averring that his father Jamil Ahmad alias Jatlo was running a General Merchant shop near his house in which his younger brother Shahzad also used to sit. Anwar son of Sharif Ansari and Idris of his village were lifting/stealing the goods from that shop. On numerous occasions they took Gotkha from the shop and when Shahzad demanded money they threatened with dire consequences to his life; that on the intervening night of 8.11.2004 when father of the informant was sleeping in upper portion of a room of the house along with his family members & his younger brother Shahzad was also sleeping in another room, at about 1.30 A.M. in the night on hearing the cry of the father informant and his younger brother suddenly came out. Informant and his brother saw three persons namely, Anwar, Idris and one another person coming out of the room in the light source there. Anwar was armed with knife, Idris and and the other were armed with country made pistol. After fleeing away of having seen the accused persons the informant and his brother went in the room of his father and saw that the neck of his father was chopped off from his body which was lying on earth.