STATE OF H.P. Vs. KISHORI LAL

JUDGEMENT

(1.) THIS appeal by the State under Section 378 Cr.P.C. is directed against the judgment of the Chief Judicial Magistrate, Solan, in a Criminal Case No. 325/2 of 1995, decided on 16.6.1999, whereby the accused ­ respondent has been acquitted of having committed offences under Sections 336/506-B I.P.C. read with Sections 25/54/59 of the Arms Act.

(2.) THE prosecution case is that on 16.7.1994 at about 4.15 PM complainant Shekhar Indu (PW-1) along with one Hari Ram (PW-2) were grazing their cattle on the Charand land. It is alleged that accused Kishori Lal suddenly came there and started abusing the complainant. He thereafter went to his house and returned with a gun. It is alleged that he firstly fired a gun shot towards the complainant and thereafter, fired two gun shots towards the cattle belonging to the complainant. Shekhar Indu filed a complaint, on the basis of which the F.I.R. was lodged and investigation was conducted. During the course of investigation, the police seized his gun and three empty cartridges and the gun alongwith the empty cartridges were sent to CFSL for opinion.

(3.) I have heard Mr. J.S. Guleria, learned Law Officer for the State and Mr. Bhupinder Gupta, learned Senior Advocate on behalf of the respondent.