Per: Hon’ble Servesh Kumar Gupta, J.

This government appeal assails the judgment and order of acquittal dated 6.1.2003 rendered by learned Additional Sessions Judge/FTC-III, Dehradun in S.T. No.212 of 1995, titled as ‘State Vs. Hanif and Shashank Sharma”. The trial pertained to crime no.716/1995, P.S. Kotwali Dehradun, wherein both the accused persons were tried for the offences punishable under Section 302 r/w Section 34 IPC and Section 394 r/w Section 397 IPC. Learned Additional Sessions Judge did not find both the accused persons guilty in either of the above offences and, accordingly, passed the judgment and order of acquittal, which is under challenge in this appeal.

2. This Court has heard the arguments and submissions on behalf of the parties and has also perused the entire material available on record.

3. At the outset, it would be relevant to note down the facts, as disclosed in the first information report, which was lodged on 14.7.1993 at 23:05 PM by one Matlub Ahmed. The incident is of the same night, i.e. 14.7.1993 at 22:15 PM, which took place at Dhamawala intersection of Dehradun city. At the time of incident, deceased Saeed Ahmed @ Pannu was driving th