Judgment

G.P. Mathur, J.—1. Leave granted.

2. This appeal, by special leave, has been preferred by the complainant (first informant) against the judgment and order dated 9.7.2004 of Allahabad High Court by which the charges framed against Akhilesh Chauhan (respondent No. 2) were set aside.

3. The appellant, Rajbir Singh, lodged an FIR at 5.10 p.m. on 29.9.2003 at P.S. New Agra, alleging that a day before some brickbats were thrown in the compound of his brother’s house from the house of his neighbour Ramraj Rathore. On account of this incident, exchange of hot words took place between his father Hoti Lal and accused Ramraj Rathore, but the matter was pacified due to intervention of some persons of the locality. At about 4.00 p.m. on 29.9.2003 Ramraj Rathore and his relations Geetendra Singh and Prem Narain who were armed with firearms came near the shop of the complainant where his father was standing and all of them exhorted that Hoti Lal should be killed. Ramraj Rathore started firing towards Hoti Lal who after receiving the injuries fell down. Pooja Kumari, a girl belonging to Scheduled Caste community, who had come to purchase some articles from the shop, also sustained firearm in