This Government Appeal, preferred under Section 378 (3) of Code of Criminal Procedure, 1973, is directed against the judgment & order dated 22.12.2005, passed by the learned Additional Sessions Judge/IIIrd F.T.C., Haridwar in Sessions Trial No. 335 of 1996, whereby the said Court has acquitted the accused/respondents Satish and Rampal Singh from the charge of offences punishable under Section 308 of I.P.C.

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

3. Prosecution story, in brief, is that the complainant, Chandrapal, P.W. 2, lodged the First Information Report on 16.08.1994 at Police Station Pathri, District Haridwar stating therein that one Satish, resident of the same village, shot fire on his brother-in-law, namely, Sadhuram, due to which his brother-in-law got injured. It is stated in the F.I.R. that on previous day i.e. on 15.08.1994, being Sunday, at around 08:00 a.m., his father-in-law, namely, Phullaram was standing outside his house. Banarasi, his son Satish, Peeru Singh, and his nephew Rampal Singh together came there and, by shouting that they will do away Phulla’s life, Banarasi assaulted Phullaram by Lathi, Satish with iron rod,