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 the scooter, whereas Matlub Ahmed was on the pillion. When they were near the said intersection, from behind came two unknown persons on a scooter while, the accused Hanif @ Hakla and Shashank Sharma @ Billu came on a motorcycle. The persons, who were on scooter, kicked the scooter of Pannu and the two Pannu and Matlub fell down from the scooter. They then began stabbing Pannu with the knives they were carrying. Anyhow, Matlub Ahmed escaped and ran towards ‘Dhamawala market’ in order to save himself and from there, he saw again all the four persons, including the two accused Hanif and Shashank continuously stabbing Pannu. The complainant went 100-150 paces ahead where he noticed the presence of two police constables and informed the incident to them. When the informant returned at the spot with these constables, he saw there four persons running away in their respective vehicles, taking away with them the ‘webley scott’ revolver of Pannu. However, they could not be apprehended. Both the constables fetched a three-wheeler auto vehicle and carried the injured at District hospital where he was declared brought dead.

4. The complainant Matlub Ahmed, leaving both the constables with the injured at the district hospital, rushed to the police station for lodging the FIR, the ‘Chik report’ whereof is Ex.A-4. The report was lodged just after 50 minutes of the incident which occurred three furlong away from the Police Station, Kotwali Dehradun.

5. In the FIR itself, the informant has narrated the background of the incident, which reveals the motive for the accused persons for committing this ghastly crime and we would be coming to this aspect in a short while.

6. The police, after investigation, submitted the chargesheet (Ex.A-18) only against two accused Haneef @ Hakla and Shashank Sharma @ Billu for the offences, as aforementioned.

7. On 27.10.1995, learned First Additional Sessions Judge, Dehradun framed charges against both the accused for all the offences as per the chargesheet. The charges were denied by the accused and they claimed trial.

8. The prosecution has examined witnesses PW1 Vinod Kumar, PW2 Sayeed Ahmad, PW3 Abdul Gaffar, PW4 Matloob Ahmad (complainant), PW5 H.M. Ganga Prasad, PW6 Dr. A.S. Bisht (who conducted autopsy), PW7 Shehzad, PW8 Sakeel Ahmad, PW9 Constable Suresh Pal, PW10 S.I. Surender Pal and PW11 S.I. Yogesh Chand (I.O. of the case). Constable Hem Raj was also examined as C.W.1.

9. It would be worthwhile to mention the injuries found on the body of deceased Saeed @ Pannu at the time of post-mortem. The autopsy (Ex.A-8) was conducted on 15.7.1993 at 5:15 PM. PW6 Dr. A.S. Bisht has found the following ante-mortem injuries on the dead body: -

1. “Stab wound 3 cm x 0.5 cm x opening into trachea. 3 cm below angle of mandible