STATE OF U P Vs. AMIR & OTHERS

JUDGEMENT

(1.) Heard learned AGA for the State-appellant and perused the material on record.

(2.) The application has been filed by the State-appellant with the prayer that leave to appeal may be granted against the judgement and order dated 24.05.2011 passed by Additional Sessions Judge, Court No.14, Muzaffarnagar, in Sessions Trial No.819 of 2004, State Vs. Amir and others arising out of Case Crime No.08 of 2003 under Sections 307/34 IPC, Police Station Khatauli, District Muzaffarnagar whereby the accused-respondents have been acquitted of charge under Section 307/34 IPC.

(3.) The prosecution version, as is apparent from the impugned judgment makes it evident that the written report was lodged by Mohd. Danish against the present accused-respondents under Section 307 IPC alleging therein that all the three persons fired with countrymade gun which they were carrying in their hands. The informant claims to be eyewitness of the incident and on alarm being raised by him, Mohd. Asif and informant's mother Smt. Shahin Praveen also arrived on the spot. This written report is Ext. Ka-1.