HIMANSHU SHEKHAR Vs. AMERIKA SINGH AND ORS.

JUDGEMENT

(1.) This appeal, under the proviso to Sec. 372 of the Code of Criminal Procedure, 1973, has been preferred against the Judgment and Order, dated 23.05.2015, passed in Ghoshi P.S. Case No. 238 of 1992 (arising out of Sessions Trial Nos. 78 of 2004/38 of 2015) by learned Ad -hoc Additional District and Sessions Judge -I, Jehanabad, whereby he has recorded acquittal of the opposite party Nos. 1 to 4, who were charged for the offences punishable under Sec. 307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959.

(2.) Ghoshi P.S. Case No. 238 of 1992, which had been registered on the basis of the fardbeyan of the informant, namely, Himanshu Shekhar (P.W. 5), gave rise to Sessions Trial Nos. 78 of 2004/38 of 2015. His fardbeyan was recorded by the Police Officer in the clinic of one Dr. Bhupendra Prasad, on 01.11.1992, at about 11.40 A.M. According to the fardbeyan, on the date of occurrence, i.e., 01.11.1992, when he (informant) was feeding his cattle, respondent Nos. 1 to 4, the co -villagers, came armed with country made gun. Upon being instigated by respondent No. 1, respondent No. 2 is said to have opened fire, causing injuries on the informant/appellant on his throat, arm, mouth and ribs, whereafter the respondents fled away. It was also asserted in the fardbeyan that respondent Nos. 3 and 4 also opened fire upon the informant, but no injury was caused to him, because he had entered into his house.

(3.) Upon completion of investigation and charge -sheet having been submitted by the police, cognizance of the offences was taken under Sec. 307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959. The case, in course of time, was committed for trial.