The prosecution failed to prove that the deceased sustained any firearm injuries, leading to the acquittal of the accused.

JUDGMENT :

AJAY KUMAR-II, J.

1. Heard Mr. Ram Babu Sharma alongwith Mr. Ardhendu Shekhar Sharma, the learned counsel for appellant and the learned A.G.A. forState-opposite party-1.

2. Challenge in this Criminal Appeal is to the judgment dated 24.09.2025 passed by the Additional Sessions Judge, Court No. 10, Budaun in Sessions Trial No. 33 of 2016 (State Vs. Chander and others) arising out of Case Crime No. 256 of 2015, under Sections 302 /34 I.P.C., Police Station- Gunnaur, District- Sambhal and connected Sessions Trial No. 34 of 2016 (State vs. Chander) relating to Case Crime No. 381 of 2015, under Section 3 /25 of Arms Act, whereby the accused-opposite parties 2to 4 have been acquitted of the charges framed against them.

3. Brief facts of the case are that on 01-08-2015, first informant/ appellant Satyapal son of Chhote Lal, resident of Akbarpur, Police Station Gunnaur, District Badaun, submitted a written report (Tehrir) (Exhibit Ka -1) stating therein that in the morning of 01.08.2015, there was a quarrel between his brother Jabar Singh and the children of Chander son of Lekhraj, of the village. When his brother, Jabar Singh went to complain about this to Chander, Kanhaiya and Manveer both sons of Chander, they started quarreling. Hearing the same, his mother, Mrs Savitri, and he

reached the spot and tried to intervene. Kanhaiya shot at his mother on the head with a .315 bore pistol at around 10:00 am. When his brother Jabar Singh and he challenged the accused, they fled into the forest. His mother, Mrs Savitri, was seriously injured. His wife, Sunita, witnessed the incident. The gunfire caused widespread panic. The residents of house went into hiding and those nearby closed their doors.

4. On the aforementioned written report (Ext. Ka-1) of the appellant, an F.I.R. was registered on 01.08.2015 against the accused persons as Case Crime No. 256 of 2015, under Sections 307 I.P.C., Police Station- Gunnaur, District- Sambhal. The injured Smt. Savitri Devi was got medically treated and on 02.08.2015 she died. Thereafter, Section 307 IPC was converted into Section 302 . During investigation, on 06.10.2015, one country made pistol was recovered on the pointing of the accused Chander in Case Crime No. 256 of 2015. As such on 06.10.2015 Case Crime No. 381 of 2015 was registered against accused Chander under Section 3 /25 of Arms Act, which was entered in G.D. No. 20 at09:30 hours.

5. After completion of investigation, charge sheet under Section 302 IPC was submitted against accused-opposite parties 2 to 4 and a separate Charge-sheet under Section 3 /25 of Arms Act was submitted against accused Chander. Thereafter, the cases were committed to the Court of Sessions. After hearing both the parties, charges were framed against charge-sheeted accused on 30.06.2016, under Sections 302 /34 and separate charge under /25 of Arms Act was also framed against accused Chander. The accused pleaded not guilty and claimed trial.

6. In order to prove it's case, prosecution adduced PW-1 Satyapal Singh, (informant and eye witness), PW-2 Jabar Singh (eye witness), PW-3 SI Ayyub Khan (police witness of inquest), PW-4 constable Girish Chandra (formal police witness), PW-5 Dr. Ikrar Ahmad (Autopsy Surgeon), PW-6 constable Jauni Kumar (formal police witness), PW-7 Smt. Sunita (eye witness), PW-8 retired DSP Sri RK Chauhan (2^nd I.O.), PW-9 retired SI Sri Satyaveer Singh (1^st I.O.) and PW-10 HC Vikas Kumar (police witness). The witnesses adduced by the prosecution have given their respective oral evidence and also proved 23 prosecution papers and 04 material objects, which were marked as exhibits. The same are tabulated herein below:-

7. After the prosecution evidence was over, all the adverse/ incriminating circumstances relied upon by the prosecution were disclosed to the accused – opposite parties 2 to 4, in question answer form for their version of the occurrence as per mandate of Section 313 Cr.P.C. They denied all the suggestions put to them by repeat