STATE OF HARYANA Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS appeal is the outcome of the acquittal order dated 16-12-1998 passed by the Court of Additional Sessions Judge, hisar by virtue of which respondents were acquitted of the charges framed against them under Sections 148, 307 read with 149 of the Indian Penal Code. The operative part of the order of acquittal dated 16-12-1998 runs as under : "in these circumstances, the prosecution has failed to prove that on 10-1-96 in the area of Talwandi Badshahpur all the accused were members of an unlawful assembly and in prosecution of the common object of the aforesaid unlawful assembly hanuman and Duli Chand (now deceased)fired at PWs Krishan, Prem and Surta from their licenced DBBL. 12 bore gun and caused injury to Krishan with such intention or knowledge and under such circumstances, that if by that act they had caused the death of PWs Krishan, Prem and Surta they would have been guilty of committing murder. So the prosecution has failed to prove the charges levelled against them. Therefore, I acquit the accused. File be consigned to the records. "

(2.) AGGRIEVED against this order, the State of Haryana has knocked the door of this court and has prayed that the judgment of the learned trial Court be set aside and accused respondents may kindly be convicted and sentenced, according to law.

(3.) A synoptical resume of the prosecution case is as under : on 10-1-1996, Krishan son of Bhoop singh alongwith his brothers Prem and surta was going to Siwani in a jeep for the purpose of getting it repaired. The said jeep was being driven by Surta. When they reached near the Dhani of Birbal Singh, they found that the accused alongwith Dhuli chand (since dead) were stationed on the road. Accused, namely, Dhuli Chand, hanuman, Dhokal and Sant Lal were armed with a single barrel guns of. 12 bore, whereas, Rishi and Raj Kumar were armed with country made pistols. Dhuli Chand exhorted that the enemies should not be allowed to escape. Thereafter, Dhuli Chand fired a shot with his double barrel gun. The pellet hit Krishan on his head. Thereafter, hanuman also fired a shot on the person of krishan. The pellet hit Krishan on his chin. The said accused also fired on the persons of Krishan, Surta and Prem with their respective weapons. In retaliation, Krishan also fired shots with his licenced gun on the accused. However, the accused ran away from the spot with their respective weapons.