IMPORTANT POINT
The prosecution must establish its case beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.

JUDGMENT :

Pankaj Purohit, J.

Heard learned Counsel for the parties on the appeal.

2. These appeals have been filed by the State of Uttarakhand against the judgment and order dated 18.11.2014 passed by the learned Sessions Judge, Dehradun in S.T. No. 14/2011 (State Vs. Raj Kumar Maurya and others ), under Sections 452/ 307/ 34/ 506 I.P.C. and other connected S.T. No. 56/ 2012 (State Vs. Rinku ), under Section 25/4 of Arms Act, S.T. No. 83/2012 (State Vs. Raj Kumar Maurya), under Section 25/4 of Arms Act, S.T. No. 98/2012 (State Vs. Nitin @ Chhogi), under Section 25/4 of Arms Act and S.T. No. 99/2012 (State Vs. Vinod@ Dhoni), under Section 25/ 4 of Arms Act. (All connected Sessions Trial are under Section 25/4 of Arms Act).

3. All these Sessions Trial were decided by the learned trial court by this common judgment and order, whereby, the respondents/accused were acquitted from the charges.

4. The case of the prosecution as unfolded by the First Information Report is that on 01.10.2010 at 9.30 p.m., a First Information Report was lodged by Neeraj Bhandari S/o Sri Kishan Singh Bhandari at Police Station Raipur, Dehradun against four accused persons, 1. Raj Kumar Maurya, 2. Rinku, 3. Vinod @ Dhoni and 4. Nitin @ Chhogi. As per the allegations made in the F.I.R. that on 01.10.2010 at about 6.00 p.m., when brother of the informant Neeraj Bhandari, Dhiraj Bhandari was sitting in his office at Tunwala Chowk, all the respondents/ accused entered in his office and started beating him with sword and Khunkris, which resulted into injuries on the hand and fingers of his brother. It is further alleged that on an alarm raised, people gathered and the respondents/accused escaped from the spot giving threat to life to his brother in future. Thereafter, according to the informant, he and his injured brother came to the Police Station Raipur, an oral complaint was made, whereby, he was directed for getting the medical examination of injured first, at this, the informant took his brother to Coronation Hospital and after medical treatment and with medical report, the F.I.R. was lodged with the Police Station as stated above. On the basis of which, a Case Crime No. 201 of 2010, under Sections 452/307/ 326/506 IPC was registered against the accused persons.

5. After registration of the crime, the investigation was started on the same day and the accused were arrested on the same day in the midnight of 1/2.10.2010 at about 00.15 a.m. and on being searched, they were found in possession of Khunkris and sharp edged weapons, on asking they were unable to produce any license for keeping those weapons and accordingly, a Case Crime No. 202/2010, under Section 25/4 of Arms Act registered against respondent/accused Raj Kumar Maurya, Case Crime No. 203/2010, under Section 25/ 4 of Arms Act against respondent/accused Nitin @ Chhogi, Case Crime No. 204/2010, under Section 25/ 4 of Arms Act against Rinku and Case Crime No. 205/2010, under Section 25/4 of Arms Act against Vinod@Chhogi, were registered against them separately.

6. After investigation, the charge-sheet was submitted before the learned Magistrate, against all the respondents/accused under Sections 307/452/324/506 IPC and four separate charge-sheets under section 25/4 of Arms Act were also submitted. Since, all the offences were committed in the same transaction, all these Sessions Trials were connected and consolidated for the purpose of evidence and the S.T. No. 14/2011 (State Vs. Raj Kumar Maurya and others) was made the leading case for convenience.

7. Prosecution and defence were heard on the point of charge in the Sessions Court. All the respondents/accused namely 1. Raj Kumar Maurya, 2. Rinku, 3. Vinod @ Dhoni and 4. Nitin @ Chhogi were charged u/s 452/307/34/506 IPC and each of the respondents/accused were separately charged for the offence u/s 25/4 of Arms Act. They pleaded not guilty and prayed for trial.

8. The prosecution examined as many as 9 witnesses Dhiraj Bhandari @ Sonu- injured P.W.-1, Neera