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A.F.R.

Court No. - 42

Case :- GOVERNMENT APPEAL No. - 26 of 2021

Appellant :- State of U.P.

Respondent :- Anuj And 2 Others

Counsel for Appellant :- A.G.A.

Counsel for Respondent :- Birendra Singh

Khokher,Vijay Kumar

Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

(Oral Judgment by Hon'ble Vikas Budhwar, J.)

1.

Heard Sri Ratan Singh, learned A.G.A. and Sri Vijay

Kumar, learned counsel appearing on behalf of the accused-

respondents.

2.

In view of the unfortunate incident of fire that which

had taken place in the office of Advocate General and an

administrative order so passed by Hon’ble The Chief Justice,

learned counsel for the accused-respondents Sri Vijay

Kumar has supplied a copy of the records of the present

appeal to learned A.G.A. and has received the paper book in

the Court and both the side agreed to argue the matter on

merits, therefore, we proceed to hear the matter.

3.

State of U.P. has approached this Court while

instituting appeal under Section 378 of the Criminal

Procedure Code (In short Cr.P.C.) assailing the judgment and

dated 12.10.2020 passed by Additional Sessions Judge, Fast

Track Court No.2, Baghpat in Sessions Trial No.161 of 2018

(State Vs. Anuj & 2 others) in Case Crime No.850 of 2017,

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under Sections 147, 148, 149, 307, 504, 332, 353 IPC, P.S.

Badaut, District Baghpat acquitting the accused respondents.

4.

While unfolding the prosecution case, it emerges that

a written complaint was lodged before the Sub-Inspector

Munesh Pal Pawar (PW2) which transformed into lodging of

a first information report on 22.8.2017 in Case Crime No

849 of 2017, under Sections 323, 504, 506, 354A, 307, 34

IPC with the allegation that in order to investigate the said

case PW2 being Munesh Pal Pawar proceeded from the

Police Station and reached the Chowki at industrial area and

thereafter while accompanying Constable 912 Omvir (PW1)

and H.G. 276 Satyapal (PW5) went to the place of

occurrence whereat they had to investigate the allegation

which emanated from the FIR dated 22.8.2017, being Case

Crime No.849 of 2017, under Sections 323, 504, 506, 354A,

307, 34 IPC.

5.

As per prosecution when the aforesaid three persons

reached the place of occurrence then the informant in the

Case Crime No.849 of 2017 along with her parents were

seen to have been subjected to hurling of abuses by certain

persons uttering that the informant of the Case Crime

No.849 of 2017 may make complaints before any authority

but nobody can do anything adverse against unknown

persons.

6.

According to the prosecution, the informant being

PW2 along with the above noted two police personnel tried

to convince them not to indulge in such type of activities but

as per the prosecution case the above mentioned unknown

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persons indulged into hurling of abuses and administered

beating (Marpeet) and further tried to grab the licence pistol

so possessed by the informant PW2 and with the help of one

Boby son of Vijay Pal resident of Awas Vikas Badaut, Police

Station Badaut, Mohit son of Suresh, Prakash and Jasvir son

of Vishahambhar Sharma after great efforts could catch hold

of one of the unknown persons and at the relevant point of

time the said unknown person made firing upon the

informant, however the informant could save himself from

them.

7.

Consequent to catching hold of unknown persons one

was indentified as Annu son of Ravindra Singh accused

respondent no.1 and it is further stated that from his

possession a country-made pistol 315 bore containing one

cartridge which was struck therein and was further smelling

and from the right pocket of the shorts a live cartridge 315

bore was recovered. Second person so caught hold was Aunj

son of Ravindra, however no recovery was made from him

and so far as the third person is concerned he identified

himself to be Krishnavir son of Begraj, resident of Pushar,

P.S. Doghat district Baghpat and from his possession nothing

was recovered. It has