IMPORTANT POINT
A judgment based on serious infirmities deserves to be reversed.

JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal is filed by the State against the final judgment and order dated 22.05.2014 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.33 of 2005 whereby the High Court allowed the appeal filed by the respondent(accused) herein and set aside the order of conviction and sentence dated 01.03.2005 passed by the Trial Court in Session Trial Nos.319 & 320 of 2000 by which the respondent(accused) was convicted under Section 307 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Section 25(1-A) of the Arms Act, 1959 and sentenced him to undergo rigorous imprisonment for ten years and a fine of Rs.5000/-under Section 307 of IPC, in default of payment of fine, to further undergo imprisonment for three months and to undergo rigorous imprisonment for five years and a fine of Rs.1000/-under Section 25(1-A) of the Arms Act, in default of payment of fine, to further undergo imprisonment for one month. Both the sentences were directed to run concurrently.

3) The prosecution case is that on 12.12.1999 at 17.45 hrs., the First Information Report (FIR) was lodged by Asgar Ali, son of Allah Diya, resident of Mohalla Naudhauna, Kasba and Police Station Sherkot, District Bijnore in Police Station Nanakmatta, Dist. Udham Singh Nagar, Uttarakhand. As per the contents of the FIR lodged by Asgar Ali-the Complainant, on 08.12.1999, he along with his brother Akbar Ali and 10-12 other persons were doing the trading of sale purchase of paddy of Village Devipura. On 12.12.1999, at around 11.00 hrs., when Akbar Ali (injured victim) was weighing paddy of Jairnail Singh(accused) in his village at Devipura, at that time, Jairnail Singh came and made an allegation on Akbar Ali that more paddy has been weighed while it had been shown less. Akbar Ali denied the allegation. Therefore, Jairnail Singh started abusing Akbar Ali and when Akbar Ali objected, the quarrel erupted and Jairnail Singh took out a 12 bore country made pistol from his right pocket of his pant and fired on the temple of Akbar Ali, due to which Akbar Ali fell down at the spot. Asgar Ali(complainant) and other companions of Akbar Ali tried to grab Jairnail Singh but he succeeded to escape from the spot with the pistol in south direction. The Complainant and his companions took the injured Akbar Ali to the Government Hospital, Nanamatta on his tractor trolley where no doctor was available. Therefore, they went to Government Hospital, Khatima where doctor referred the injured to the Government Hospital, Pilibhit where the injured was examined.

4) During the investigation, the Investigating Officer on 13.12.1999 at about 12.30 p.m. arrested Jairnail Singh from Nanak Sagar Dam and recovered the pistol, which was without license. After completion of the investigation, the Investigating Officer filed the charge-sheet under Section 307 IPC and Section 25 of the Arms Act against Jairnail Singh (accused).

5) The Judicial Magistrate, Khatima, Dist. Udham Singh Nagar, committed the case for trial to the Session Court. After committal of the case to the Session Court, Udham Singh Nagar, Rudrapur, the Sessions Judge, framed charges against the accused-Jairnail Singh under Section 307 IPC and Section 25 of the Arms Act in Session Trial Case No.320 of 2000 for the offence punishable under Section 307 IPC and Session Trial Case No.319 of 2000 for the offence punishable under Section 25 of the Arms Act. The accused denied the charges.

6) The Trial Court conducted the trial in both the cases together. By judgment dated 01.03.2005, the Trial Court convicted the accused for the offences punishable under Section 307 of IPC and Section 25 of the Arms Act and sentenced him to undergo rigorous imprisonment for ten years for the charge under Section 307 IPC and a fine of Rs.5000/-, in default of payment of fine, to further undergo imprisonment for three months and also to undergo rigorous imprisonment for five years under Se