JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the Judgment and Order dated 08.07.2003, passed in Sessions Trial No.484 of 1999, State vs. Devraj under Section 307 IPC and Sessions Trial No.485 of 1999, State vs. Devraj, under Section 25 of the Arms Act, 1959 (for short, “Arms Act"), by the court of 4th Fast Track Court/Additional Sessions Judge, Haridwar (for short, “the case").

2. By the impugned judgment and order, the respondent Devraj (hereinafter referred to as “the accused") has been acquitted of the charges under Section 307 IPC and Section 25 of the Arms Act.

3. Facts briefly stated are that, on 25.05.1998, when PW1 Dhanpal Singh was asleep in his Ghair (a kind of courtyard). Suddenly, at 03:00 AM, he woke up and found that the respondent Devraj, the accused was standing near his cot holding a country made pistol in his hands. The DW1 Dhanpat Singh questioned the accused, at which, the accused fired at him. But, fortunately, the country made pistol could not fire. The informant raised alarm. Thereafter, Vijaypal, Dhanpat and other villagers came and apprehended the accused. From his possession, a country made pistol and a cartridge were rec