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

JUDGEMENT

(1.) Both the above-mentioned appeals arise out of the same judgment and order dated 16.11.2011 passed by learned Additional Sessions Judge (Special), Baghpat in S.T. No. 602 of 2009, State Versus Bheem and others and in S.T. No. 603 of 2009, State Versus Satish, whereby the learned Additional Sessions Judge has acquitted all the accused persons from the charges under Sections 147, 148, 302/149 I.P.C. and has also acquitted the accused Satish from the charge under Section 25/27 Arms Act.

(2.) Aggrieved by the aforesaid order of acquittal, the State and the complainant Raj Pal Singh have come to this Court seeking permission for leave to appeal. Hence the prayer for leave to appeal by both the appellants are being disposed of by this common order.

(3.) Some background facts, in brief, are that the complainant Rajpal lodged an F.I.R. on 29.8.2009 at 7.00 A.M. to the effect that the accused persons Leelu son of Onkar, Rishi, Bheem, Sikandar, Deshpal and Leelu son of Ishwar came to his house on 28.8.2009 at about 9.00 P.M. and took the complainant's son Sonu alongwith them. When Sonu did not return till late night, his family members searched for him. During search Raj Singh, Subhash and Indar met them. Raj Singh informed that he had seen the accused persons taking Sonu with them towards the road to Ninana. When the complainant alongwith his family members went towards Ninana and reached near the field of Om Pal, he saw the accused persons Rishi, Bheem, Sikandar, Deshpal, Leelu son of Ishwar and Leelu son of Onkar firing shots at Sonu. The complainant challenged them on which Deshpal waved his country made pistol towards him and threatened him with the words "SAALO TUMHE BHI MAAR DENGE". According to the F.I.R., Deshpal and Sikandar had country made pistol with them, Rishi and Bheem were armed with knife and both the Leelus were armed with Sariya. In the light of torch and moon light, all the accused persons were identified. After firing on Sonu, who fell down and succumbed to the injury, all the accused persons ran away towards Ninana threatening the complainant party.