STATE OF U P Vs. SANTOSH & ORS

JUDGEMENT

(1.) This appeal along with an application seeking leave to appeal has been preferred against the judgment and order dated 10.11.2009 passed by the Additional Sessions Judge/ Special Judge, Anti Corruption Act, Bareilly acquitting the accused respondents under Sections 307 read with section 34 and 504 IPC in Sessions Trial No. 438 of 2008, State Vs. Santosh and others.

(2.) Per Prosecution: The brother-in-law of the informant Radhey Shyam, namely Harpal son of Pyare Lal Gangwar resident of village Ahmedabad, police station Hafijganj was running a medical store for the last eight months at Bhopatpur station since prior to the date of incident. It so happened that on 22.01.2004 in the evening around 7.00 p.m. when the informant along with his brother-in-law and one Chaitanya Prakash were moving out from the place after closing the medical store and reached at the Canal flyover, all of a sudden Santosh accompanied by two unknown persons came from the temple side and Santosh abused his brother-in-law Harpal and with an intention to kill Harpal, fired two shots which hit on the head, right side hand and right side thigh of Harpal. It is also claimed that there was old enmity between Santosh and Harpal. The first information report (hereinafter to be referred as 'FIR') of the incident was got registered by the informant on 22.01.2004 at 8.30 p.m. at Police Station Diyurniya which was about 6 km from the place of incident.

(3.) The police conducted the investigation and submitted charge sheet under Section 307/34 and 504 IPC and on the basis of charge sheet, case was committed to the court of sessions on 17.04.2008 for trial.