STATE OF U.P. Vs. VINOD

JUDGEMENT

(1.) Heard Sri G.N. Kanaujia, learned AGA-Ist for the State-appellant; Sri Sanjay Mishra, learned counsel for sole-respondent and perused the material placed on record.

(2.) The above noted government appeal has been preferred by the State-appellant praying for setting aside the judgement and order of acquittal dtd. 27/5/2006 passed by Sessions Judge/Fast Track Court No.19, Bulandshahr, in Sessions Trial No.775 of 1997 (State Vs. Vinod) arising out of Case Crime No.91 of 1997, under Ss. 307, 326 IPC, Police Station Aurangabad, District Bulandshahr, whereby trial court has acquitted the accused, Vinod.

(3.) The prosecution case is that on 7/8/1997 son of informant, Aman Singh, was returning to his house when in the way Vinod son of Amarpal Singh was quarreling with his uncle, Natthu son of Ramchander. Vinod asked his son, Aman Singh to give his panny for beating his uncle, which Aman Singh refused, thereafter dispute took place between them. Aman Singh informed his brother, Baran Singh, about the incident and when Baran Singh was going to the house of Vinod for making complaint against him, at about 04:45 P.M., Vinod fired from his licensed gun from his terrace which hit the right eye of Baran Singh. The incident was seen by Sukhbir Singh, Sanjay and Ajab Singh. Initially F.I.R. was lodged on the same day at 17:45 hours, under Sec. 307/326 of I.P.C. but later, after the death of Baran Singh, the implication of respondent, Vinod, was made under Sec. 302 of I.P.C.