STATE OF U P Vs. VED PRAKASH @ NEETU

JUDGEMENT

(1.) WE have heard learned learned counsel for the parties and perused the record.

(2.) THIS appeal is preferred challenging the validity and correctness of the judgment and order dated 06.06.2014 passed by Sessions Judge, Gautam Budh Nagar, in S.T. No. 74 of 2013 (State of U.P. Vs. Ved Prakash @ Neetu), whereby the accused -respondent has been acquitted from the charges under Sections 307 IPC and 25/27 Arms Act in S.T. Nos. 74 of 2013 and 75 of 2013 arising out of Case Crime Nos. 195 of 2012 and 196 of 2012 respectively.

(3.) BRIEF facts culled out from the record are that on 12.11.2012 when the police party headed by S.I. Munendra Singh was on checking duty, he received an information at about 23.00 hours that two miscreants on motorcycle were trying to commit loot. Believing the information, the police party searched each other for any illicit arms and also tried to procure the public witnesses but none showed willingness. The police party met the informer near a school, who pointed the miscreants. On being aware of danger they opened fire at the police party in which Munendra Singh (S.I.) sustained fire -arm injury. One of the miscreants, Ved Prakash alias Neetu was apprehended on the spot and a country made pistol was recovered from his possession. On the basis of recovery and arrest memo, chick FIR was prepared and after completion of investigation, charge - sheets under Sections 307 IPC and 25/27 Arms Act were submitted against the accused -respondent who denied the prosecution allegations and claimed to be tried.