STATE OF U P Vs. RAMESHWAR

JUDGEMENT

(1.) Heard learned Additional Government Advocate for State of U. P. and perused the record.

(2.) The application for granting leave to government appeal has been filed against the judgment and order dated 13.09.2006 passed by learned Additional Sessions Judge, Court No.4, Bulandshahr in Sessions Trial No.806 of 2000 and connected Sessions Trial No.807 of 2000 whereby accused-respondents Rameshwar, Sunil and Harbir have been acquitted for the offence punishable under Section 307 IPC and accused Rameshwar and Sunil have been acquitted for the offence punishable under Section 25 of Arms Act in Case crime No.156 of 1999, 157 of 1999 and 158 of 1999, P.S. Ahmedgarh, District-Bulandshahr.

(3.) From perusal of the record and impugned judgment, it reveals that FIR of this case has been lodged by Purushottam Singh. As per FIR on 30.8.1999 after uploading milk from the dairy at Bulandshahr, complainant Purushottam Singh was coming on his Tata 407 No.U.P. 13-2775 to his village Daulatpur. When he reached near tube well of one Kuber singh at about 4 pm, accused Harbir, Sunil and Rameshwar were present there. On instigation, accused Harbir and Sunil fired shot upon the complainant, who escaped unhurt. Accused Rameshwar and Sunil were arrested on the spot along with country made pistol and cartridges. FIR of this case was lodged with the police on 30.8.1999 at 19.00 hours.