STATE OF U.P. Vs. SATISH CHANDRA

JUDGEMENT

(1.) This government appeal arises out of the judgement of the Addl. Sessions Judge/ Fast Track Court No.1, Etah dated 4.10.2005 acquitting the accused-respondents under sections 307/34, 323/34 and 504 I.P.C.

(2.) We have heard learned A.G.A and have perused the trial court's judgement.

(3.) The prosecution case as disclosed in the FIR lodged by PW-1 informant Dinesh Singh on 31.3.1996 at 11.00 p.m at P.S. Nayagaon was that on account of litigation between this witness and accused-respondent Rakshpal alias Jhalli, at about 8.00 p.m on 31.3.1996 when he was chatting at his door with his brother Suresh Singh and his mother Smt. Chhoti Beti, the accused-respondents Udaibhan alias Chhotey Munna, and Rakshpal alias Jhalli armed with DBBL gun and country made pistol started firing saying that the accused were big litigators ("sale mukdmebaaz bahoot bante ho"). In that incident, pellet injuries were caused to Suresh Singh and Chhoti Beti. One Mahesh, who intervened, also received injuries in the incident. This incident was witnessed by Naresh and Ramesh, brothers of the informant and several other co-villagers (who have not been examined).