Prafulla C. Pant, J.:-

This appeal preferred under Section 378 of Code of Criminal Procedure, 1973 is directed against judgment and order dated 22.07.2000 passed by 1st Additional Ses­sions Judge, Haridwar, in Sessions Trial No. 259 of 1995 whereby said court has acquitted accused respondents, Veerbal Singh Rawal, Ashok Kumar Sharma and Sushil Chauhan from the charge of of­fences punishable under Section 302/34 and 120-B of the Indian Penal Code, 1860 (for short IPC).

2. Heard learned counsel for the par­ties and perused the lower court record.

3. Prosecution story, in brief, is that on 29.05.1993, at about 1:00 p.m. near Karnataka Dharmshala (within the limits of Police Station Kotwali, Haridwar) Sanat Kumar Sharma, a social worker, was driving his car bearing registration no. UGY-4488. PW-2 Sardar Daljeet Singh was sitting with him in said vehicle. Sud­denly two persons in a scooter of make Bajaj came close to the car in which two persons were sitting. One of them, who was sitting as pillion rider came close to Sanat Kumar Sharma fired shots from a firearm weapon. Ashwani Kumar Sharma (PW-1), the complainant, lodged the first information report (Exihibit-Al) at Police Station Kotwal

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