The prosecution failed to substantiate charges beyond reasonable doubt, leading to the acquittal of the appellant.

ORAL JUDGMENT

Date : 06-11-2018

Heard learned amicus curaie for the appellant and learned APP for the State on this Criminal Appeal.

2. This criminal appeal has been preferred against the judgment and order of conviction dated 04.02.2013 and order of sentence dated 07.02.2013 passed by Adhoc Addl. Sessions Judge-IV, Aurangabad in Sessions Trial no. 174/1993 / 90/2010 arising out of Jamhor P.S. Case No. 34 of 1992 whereby the learned trial court acquitted the accused Naresh Singh and Pappu Singh of the charge levelled against them and convicted the accused, Suresh Singh for the offence punishable under Sections 307 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo R.I. for ten years and also slapped him with a fine of Rs. 5000/- and in default of payment of fine to undergo S.I. for three months under Section 307 of the and further sentenced him to undergo R.I. for three years and also slapped him with a fine of Rs. 3000/- and in default of payment of fine to undergo S.I. for two months under of the . Both the sentences were directed to run concurrently.

3. The factual matrix of the case is that Jamhor P.S. Case No. 34 of 1992 was instituted under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act against accused Naresh Singh, Suresh Singh and one unknown miscreant on the basis of fardbeyan of Gaya Prasad Singh S/o Suryadeo Singh recorded by A.S.I. R.P. Kushwaha of P.S. Jamhor on 01.04.1992 at 10:00 hours at P.S. compound with the allegation, in succinct that his father, namely, Suryadeo Singh had gone to pick up Mahua towards Western side of his village at 08:00 AM and from there, he had gone to meet Sumeshwar Rai along with Master Ram Padarath Ram and after that his father along with Sumeshwar Rai, Ram Padarath Ram and chowkidar of Panwat Ret was regressing to the station. As soon as he arrived near Chichami school at around 09:00 AM, he spotted Naresh Singh standing towards West armed with lathi. Spotting his father, he started slating him and gave two lathi blows to his father and on intervention of his father, he demanded pistol to eliminate him. In the meantime, his brother Suresh Singh and one other miscreant rushed there and encircled his father. Suresh Singh resorted two rounds of firing by means of his pistol upon his father. Responding the firing sound, he rushed there and found his father lying on the ground sustaining injuries on his both hands and his companion escaping, who later on divulged the occurrence to him. The bone of contention is said to be that on 31.03.1992. Ox of Kuwar Singh was agreed to be sold at Munshi Bigha in Rs. 1750/-. Suresh Singh had demanded the same at Rs. 1700/- extending threatening of tying the Ox at his door. Whereupon his father had made protest and due to aforesaid grudge, the accused persons assaulted his father by means of lathi and pistol.

4. The aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge-sheet under Sections 341, 323, 324, 326, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act against the accused Suresh Singh, Naresh Singh and Pappu Singh

5. On receiving the charge-sheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence and committed the case to the court of sessions and after commitment and on transfer finally the case came in seisin of the learned Adhoc Addl. Sessions Judge-IV, Aurangabad for trial.

6. Charge against accused Suresh Singh was framed under Section 307 of the Indian Penal Code and Section 27 of the Arms Act while charge against accused Naresh Singh and Pappu Singh