STATE OF U.P. Vs. JAMSHED

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and order dated 03.06.2010 passed by Additional District and Sessions Judge, Fast Track Court No.1, Kairana, District Muzaffarnagar in Sessions Trial Nos. 419 of 2004, 420 of 2004, 421 of 2004 and 422 of 2004, whereby court below has acquitted the private respondents of the offence under Sections 307 / 34 of IPC, 25/27 and 25/4 of the Arms Act .

(2.) As per prosecution case, on 18.02.2003, when the police apprehended the accused persons namely, Jamshed, Furkan and Kurban in connection with kidnapping of Prempal Sharma and Suhendra Lal Jain, accused persons fired at the police party, but luckily no one suffered any injury. After arresting the accused persons, they were tried under Sections 364-A and 368 of I.P.C. and in the said case, vide Sessions Trial No. 467 of 2004, the accused persons have been acquitted.

(3.) In the present case, while framing charge, the trial judge framed charge against the accused persons under Sections 307 / 34 of I.P.C., 25/27 and 25/4 of the Arms Act .