Judgment

11/07/2025

1. This criminal appeal has been instituted under Section 372 Cr.P.C. by the appellant—injured/complainant—assailing the judgment dated 13.04.2023 rendered by the learned Additional Sessions Judge No. 2, Sri Ganganagar in Sessions Case No.17/2018, whereby the accused respondents were acquitted of the offences punishable under Sections 147 and 308 IPC, though convicted under Sections 148 , 341/149, 323/149, and 325/149 IPC.

2. I have heard the learned counsel for the parties and carefully perused the entire trial court record.

3. The genesis of the prosecution case lies in a parcha bayan given by the injured-Praveen Nokhwal, while he was undergoing treatment in the Male Orthopaedic Ward of the Govt. Hospital, Sri Ganganagar. The complainant alleged that on 08.01.2018, at around 4:30 PM, while returning from duty and upon reaching the vicinity of Mahila Park, he was waylaid and assaulted by the accused respondents, who were purportedly armed with a country-made firearm (desi katta), iron rods, hockey sticks, and wooden lathis. It was further asserted that respondent Sameer attempted to discharge a firearm at him with an intent to cause fatal injury, which ultimately d