STATE Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS Government appeal has been filed against judgment and order dated 29.9.1984 of VIIIth Additional Sessions Judge, Meerut passed in S.T. No.425 of 1983 "State Vs. Radhey Shyam and three others", under Section 307/34 I.P.C., P.S. Kharkhauda, District Meerut, acquitting all the four accused of the charges framed against them under Section 307/34 of I.P.C.

(2.) THE brief facts relating to the appeal are that Chhidda Singh son of Khacheru lodged an F.I.R. with P.S. Kharkhaunda on 11.11.1982 at 09:45 a.m. against all the four accused named therein for attempting on his life as well as life of his father Khacheru, brother Teeka Ram and sister Urmila and causing fire arm injuries to Teeka Ram. The brief prosecution story as per F.I.R. is that there was litigation with Param Singh and his sons since last 2 years as Param Singh had filed a false case of theft of buffalo against the brother of complainant Teeka Ram and and others on 11.11.1982 all the four accused came at their house. When complainant, his brother Teeka Ram, father Khacheru and sister Urmila came out they started abusing, Surendra and Bijendra Singh called to kill all of them and nobody may escape, on which Awadh Kumar and Radhey Shyam started firing with guns in their hands and they took shelter behind the wall. Teeka Ram was hit on left arm, left abdomen and forehead. On hearing the noise of firing, Jaswant Singh, Tara, Jhabbar Singh, Giriraj and several other people assembled there, seen the occurrence and cautioned the accused who left to their homes by firing. After completion of investigation charge -sheet was filed against the accused persons and case was committed to sessions. The additional sessions judge framed charge under Section 307 read with Section 34 I.P.C. against all the four accused which was readover and explained to accused persons, who pleaded not guilty and demanded trial.

(3.) IN order to prove its case, the prosecution has produced seven witnesses, three of facts and four formal viz. Chhidda Singh P.W. -1, the first informant, Teeka Ram P.W. -2, the injured, Khacheru P.W. -3, the father of first informant and injured Teeka Ram, Constable Ram Kishan, I.O. G.C. Dwivedi, Dr. A.S.N. Singh, who prepared injury report and Dr. A.S. Mathur, the Radiologist as P.Ws. -4 to 7 respectively.