STATE Vs. AKHTAR

JUDGEMENT

(1.) THIS appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (herein after referred as Cr. P. C.) is directed against the judgment and order dated 20-06-1989, passed in Sessions Trial No. 283 of 1987, by the then Sessions Judge, Nainital, whereby respondents Akhtar, Mohd Umar, Nuru, Rais alias Gabru, Yamin, Yasin, Amir Bux and Alia Bux, were acquitted of the charges, framed against them relating to offences punish able under Sections 147,148,302/149. 307/ 149 and 324/149 of Indian Penal Code, 1860 (herein after referred as I. P. C. ).

(2.) WE heard learned counsel for the parties and perused the entire record of trial court.

(3.) THEREAFTER prosecution got exam ined P. W. 1 Head Constable Arjun Singh, who proved First Information Report (Ext. A-l), P. W. 2 Jamil Ahmad (injured eye wit ness and the informant), PW. 3 Mobin (in jured eye witness), P. W. 4 Radhey Shyam (driver of tractor- declared hostile), P. W. 5 Mohd. Umar (declared hostile), P. W. 6 Hamid Ullah (witness of recovery of pistorl from Akhtar- declared hostile), P. W. 7 Kalyan Singh, Sub-Inspector (witness of in quest report), P. W. 8 Vijay Singh (witness of recovery of pistol from Akhtar- declared hostile) and P. W. 9 R. S. Lal Sharma (In vestigating Officer ). The Medical Officers, who examined the injuries on the person of Jamil Ahmad and Mobin and the one who conducted post mortem examination, were not examined, as the defence coun sel admitted the genuineness of the docu ments prepared by them. The entire prosecution evidence- oral and documentary, was put to the accused under Section 313 of Cr. P. C. in reply to which they alleged the same to be false. The accused (present respondents) alleged that they were falsely implicated on account of enmity due to land dispute. No oral evidence is adduced from the side of the defence but documents Ext\b-l (copy of judgment and order dated 30-10-1986, passed by Assistant Collector, Kashipur in revenue case No. 221 54 of 1985-86 between the parties), Ext. B-2 (copy of statement of one Kaluwa, re corded on 09-10-1986 by the revenue au thorities), Ext. B-3 (copy of order dated 30-11-1985, passed by Munsif, Kashipur on application 9-C and 13-C in civil suit No. 206 of 1985 between the parties), Ext. B-4 (copy of order dated 19-05-1986, passed by Additional Civil Judge, Nainital, in civil appeal No. 84 of 1985, between the par ties), were filed.