RAJEEV SHUKLA Vs. RAGHUVIR SINGH AND OTHERS

JUDGEMENT

(1.) Heard Sri Krishna Pahal, learned Additional Advocate General assisted by Sri G.P. Singh, learned A.G.A. and Sri Murlidhar Misra, Sri Rajiv Lochan Shukla, learned counsel appearing on behalf of complainant, Sri V.P. Srivastava, learned Sr. Advocate assisted by Sri Ranjay Kumar, Mukhtar Alam, learned counsel for the accused respondent nos. 1, 2, 3, 4, 6, 10, Sri Ankit Singh, Advocate holding brief of Sri Rohan Gupta, learned counsel for the accused-respondent nos. 5 and 8, Sri Arvind Kumar Srivastava, learned amicus curiae appearing for the accused-respondent no. 7.

(2.) This Government Appeal has been preferred against the judgment and order dated 15.07.2002 passed by the Additional Sessions Judge, Court No.2, Hamirpur in Session Trial No. 145 of 2000, State Vs. Raghuveer and 9 others whereby respondent-accuseds, Raghuveer Singh, Asutosh Singh @ Dabbu Singh, Uttam Singh, Pradeep Singh, Ashok Singh Chandel, Naseem, Shyam Singh, Sahab Singh, Jhandu and Bhan Singh have been acquitted of the charges under Section 147, 148, 302/149, 307/149 I.P.C., P.S. Kotwali, District Hamirpur as well as accused Ashok Singh Chandel has been acquitted of charges under section 379 and 404 IPC; in connected Session Trial Nos. 146 of 2000, State Vs. Sahab Singh wherein accused Sahab Singh has been acquitted of offence under Section 25 of Arms Act, P.S. Kotwali, District Hamirpur; and also in connected Sessions Trial No. 147 of 2000, State Vs. Ashok Singh Chandel wherein accused Ashok Singh Chandel has been acquitted of offence under Section 30 Arms Act, P.S. Kotwali, District Hamirpur. Informant Rajeev Shukla has also preferred a Criminal Revision against the impugned judgement in which Opposite Party Nos. 1 to 10 have been acquitted in S.T. No. 145 of 2000 of the above-mentioned charges as well as O.P. No.8 has been acquitted in S.T. No.146 of 2000 under Section 25 Arms Act and O.P. No.4, Ashok Kumar has been acquitted of charge under Section 30 of Arms Act.

(3.) Since both the Government Appeal and Criminal Revision arise out of the same judgment, hence, they have been taken up together for consideration and disposal.