JUDGMENT :

Manoj Kumar Tiwari, J.

This appeal is at the instance of State and is directed against the judgment and order dated 12.9.2014, passed by Additional Sessions Judge, Laksar, District Haridwar in Sessions Trial No. 285 of 2007, whereby respondents have been acquitted of the charges punishable under Sections 307 and 393 IPC.

2. Factual matrix of the case is that an FIR was lodged by PW2 Pawan Singh alleging that at about 12.30 o’clock in the intervening night of 6/7.2.2007, some unknown persons came at a liquor shop in village Bhikkampur, where Kashiram and his son Prem Singh used to work as salesman, and they demanded liquor. When Prem Singh refused, then miscreants broke the gate of the shop and opened fire, which hit the left arm of Kashiram. On raising the alarm, the accused persons fled away. Thereafter Prem Singh telephoned PW2 Pawan Singh and gave him information of the incident. PW2 thereafter lodged the FIR at 2 AM on that very day. It was registered under Section 307 IPC. Subsequently, during the course of investigation, Section 393 IPC was also added.

3. After lodging the FIR, PW1 Kashiram was taken to Community Health Centre at Laksar, where he was medically examined