Judgment Rajiv Sharma, J. 1. This appeal by the State is directed against the judgment, dated 31.05.2006, passed by the learned Additional Sessions Judge, Solan in Sessions Trial No. 1-S/7 of 2005, whereby the respondents, who were charged with and tried for offence punishable under Section 307 read with Section 34 of the Indian Penal Code and Section 27 of the Indian Arms Act, have been acquitted. 2. Case of the prosecution, in a nut-shell, is that on the intervening night of 21/22.2.2005 at about 1:15 a.m., injured Babu Ram (PW-1) has gone to urinate in the bath room attached with the gallery of his house. When he was returning back, accused Bali Ram fired a gun shot with gun Ex.-P6 at Babu Ram with an intention to commit his murder. The gun shot hit the back of Babu Ram. Co-accused Chintamani and Ranjeet Singh alias Giddi were also with the accused Bali Ram and standing with him on the lintel nearby toilet. On hearing the noise of the gun shot, the son and daughter-in-law of injured Babu Ram, namely, PW-2, Bubneshwar and PW-4, Savitri Devi came to help the injured. He was taken to his bed room. Thereafter, he was taken to Civil Hospital, Arki. He was given first aid treatment by PW-12, Dr. Sant Lal Sharma. PW-2, Bubneshwar sent an intimation about the incident to the police telephonically and rapat Ex.-PX in this regard was lodged at Police Station, Arki. Police reached the Civil Hospital Arki. PW20, Surender Pal moved an application Ex.-PW20/A to the Medical Officer, Civil Hospital, Arki, seeking his opinion whether the injured was fit to give statement. Thereafter, the Investigating Officer recorded the statement of injured under Section 154, Cr. P.C. Ex.-PA, which was sent to Police Station through Constable Ashok Kumar for registration of FIR Ex. PW-14/B. The Investigating Officer also procured the MLC of injured Babu Ram Ex. PW12/A from Civil Hospital Arki. The doctor also handed over two parcels containing vest Ex.-P1 and bandage Ex.-P2 of the injured for chemical examination. The Investigating Officer visited the house of the accused Bali Ram. Co-accused Chintamani was found in the house and was accordingly arrested. The Investigating Officer visited the Gharat of the accused Bali Ram where co-accused Ranjeet Singh alias Giddi was present and was accordingly arrested. The Investigating Officer thereafter visited the spot of occurrence and prepared site plan Ex. The Investigating Officer visited the house of the accused Bali Ram. Co-accused Chintamani was found in the house and was accordingly arrested. The Investigating Officer visited the Gharat of the accused Bali Ram where co-accused Ranjeet Singh alias Giddi was present and was accordingly arrested. The Investigating Officer thereafter visited the spot of occurrence and prepared site plan Ex. PW-20/B at the instance of PW-4, Savitri Devi. He also collected the blood stained pellets from the spot. These were sealed in separate sealed parcel with seal impression ‘H’ and the same were taken into possession by the police vide seizure memo Ex.-PD. One blood stained shirt Ex.-P3, trouser Ex-P4 and inner Ex.-P5 of injured Babu Ram were also taken into possession by the police. Accused Bali Ram was arrested by the police on 24.02.2005. He made a disclosure statement Ex.-PE to the police, on the basis of which Gun Ex. P-6 alongwith two lives cartridges Ex. P-9 and Ex. P-10, was recovered from the gharat in the presence of witnesses Chaman Lal, Baldev Singh and Sudarshan Singh. One used cartridge Ex.-P11 was also recovered from the gharat. The wife of the accused Smt. Rewati Devi produced the gun licence Ex.-PW8/A1 to the police which was taken into possession vide seizure memo Ex. PW-8/A. All the accused persons made disclosure statements Ex. PW-9/A to Ex.PW9/C, the manner in which they took positions for commissioning the crime. The case property, i.e., Ex. P-1 to Ex.-P11 collected during the investigation was also sent to F.S.L., Junga for chemical test and reports of the Chemical Examiner Ex. PW-19/A and Ex. PW-19/B were procured and placed on record. The weapon of offence, i.e., gun and cartridges were lateron got examined by Ballistic Expert, PW-19, Rajesh Kumar. The investigation was completed and thereafter the challan was put up after completing all the codal formalities. 3. The prosecution has examined 20 witnesses to prove its case. The statements of the accused were also recorded under Section 313 of the Criminal Procedure Code. They pleaded innocence and claimed trial. Learned trial Court has acquitted the accused on 31.05.2006. Hence, this appeal by the State. 4. We have heard the learned counsel for the parties and gone through the records carefully. 5. The most material witnesses in the present case are PW-1, Sh. Babu Ram, PW-2, Bubneshwar and PW-4, Smt. Savitri Devi. They pleaded innocence and claimed trial. Learned trial Court has acquitted the accused on 31.05.2006. Hence, this appeal by the State. 4. We have heard the learned counsel for the parties and gone through the records carefully. 5. The most material witnesses in the present case are PW-1, Sh. Babu Ram, PW-2, Bubneshwar and PW-4, Smt. Savitri Devi. There is no eyewitness, except PW-1, Shri Babu Ram. 6. According to PW-1, Babu Ram, on the intervening night of 21/22.2.2005 at about 1:15 a.m., he came out of the bed room to urinate in the bath room, which was attached with the bed room. The light was on. When he was returning after using the bath room, a gun shot was fired at him which hit him on left side of the back. He turned his face backwards. He noticed that accused Bali Ram was having a gun in his hand and he ran towards the field of Sh. Kishan Kishore. Chintamani, sister’s son of accused Bali Ram was also with him. Accused Chintamani ran upwards from the back side of his house. He called his wife and told that accused Bali Ram had fired a gun shot at him. His son Bubneshwar and daughter-in-law, Savitri Devi had also come out of the house on hearing the noise of the gun shot. His wife, Bubneshwar and Savitri took him to the room from Verandah. His family members changed his clothes and they took him to Arki hospital for treatment. After first aid, he was referred to I.G.M.C. Police recorded his statement under Section 154, Cr. P.C. He remained in I.G.M.C. for ten days. According to him, accused Bali Ram was inimical towards him as Dudana Kayar and Samoti Gram Sabha, of which he was President, had made a complaint against him for encroaching the land of cremation ground, which was Government land and that was the only reason that the accused tried to kill him. In his cross-examination, he has admitted that the accused were about 20-22 feet away from him. They were standing on the back side of septic tank of his house. The accused were just adjacent to the lintel. According to him, half of the pallets hit against him and half of the pallets struck against the roof of the gallery. The height of roof of the gallery was about eight and half feet. They were standing on the back side of septic tank of his house. The accused were just adjacent to the lintel. According to him, half of the pallets hit against him and half of the pallets struck against the roof of the gallery. The height of roof of the gallery was about eight and half feet. His height is five feet nine inches. The pellets did not hit the side wall. In his cross-examination, he has categorically admitted that Bubneshwar had not seen the accused at the spot. He told them that the gun shot was fired by accused Bali Ram in the Verandah where he was present. He has admitted that his son had informed the police on telephone about the incident. They reached at Arki hospital at about 2:20 a.m. after his statement under Section 154, Cr. P.C. was recorded. According to him, it was a moon lit night as it was full moon night. He recognized the accused in the moon light and in the light of bulbs. He also admitted that he did not ask his son to apprehend the accused Chintamani as he had already ran away. 7. PW-2, Bubneshwar is the son of PW-1, Babu Ram. According to him, on the intervening night of 21/22.2.2005, he alongwith his wife and children was sleeping in the upper storey of the house. His father and mother were sleeping in the ground floor. At about 1:15 a.m., he heard the fire of a gun shot. He switched on the light and came to the ground storey. He saw that his father was having a gun shot wound on his back. Babu Ram told him and his wife that accused Bali Ram had fired a gun shot at him and accused Chintamani was also with him. They took Babu Ram inside the house and changed his clothes. He informed the police on telephone about the incident. In his cross-examination, he has admitted that Ex.-PX is the true copy of report lodged by him. He also admitted that on hearing the gun shot, he of his own came to the spot and his wife was with him. He was not called by his father. He reached the spot within two minutes. 8. PW-3, Babu Ram has deposed that he joined the investigation on 22.02.2005. Dhani Ram was also with him. He also admitted that on hearing the gun shot, he of his own came to the spot and his wife was with him. He was not called by his father. He reached the spot within two minutes. 8. PW-3, Babu Ram has deposed that he joined the investigation on 22.02.2005. Dhani Ram was also with him. According to him, police inspected the spot and has preserved the blood stains taken from the spot in a parcel and sealed the same with seal ‘H’ and has also collected pallets lying at the spot and these were also sealed in a parcel with seal ‘H’. The memo Ex.-PB was also prepared. 9. PW-4 Smt. Savitri Devi is the daughter-in-law of Babu Ram. According to her, on the intervening night of 21/22.2.2005, she alongwith her husband Bubneshwar was sleeping in the upper storey of their house at Dudana. At about 1:15 a.m., they heard the fire of a gun shot. Her husband switched on the light and they came to the ground floor and saw that her parents-in-law were in the gallery. Her father-in-law was having a gun shot wound on the left side on his back and he told that accused Bali Ram had fired a gun shot at him from the lintel of the soak pit and accused Chintamani was also with him. They took him inside the house and changed his clothes. They also took him to the hospital. Her husband has also made a telephone call to the police at about 1:50 a.m. Police visited the spot on the same day and she has shown the place of occurrence to the police. In her cross-examination, she has also admitted that PW-2 has not informed the police at 1:50 a.m. that the gun shot had been fired by accused Bali Ram. She also stated that he had forgotton to mention the name of accused in hurry. 10. PW-5, Shri Chaman Lal has deposed that police visited his house on 22.2.2005 at 5:00 a.m.. He went with the police to the house of accused Bali Ram. Accused Bali Ram was not in the house and accused Chintamani had come out of the house. He identified accused Chintamani. Police was searching for Bali Ram as he was stated to have fired gun shot on Babu Ram. He went with the police to the gharat of accused Bali Ram. Accused Bali Ram was not in the house and accused Chintamani had come out of the house. He identified accused Chintamani. Police was searching for Bali Ram as he was stated to have fired gun shot on Babu Ram. He went with the police to the gharat of accused Bali Ram. Ranjeet Singh alias Giddi was present on the gharat. On 26.02.2005, he had gone to the police station for personal work and Sh. Baldev Singh, Up Pardhan was also with him. Accused Bali Ram made a statement to the police that he had knowledge about the gun and he could get the same recovered. The police recorded the statement Ex.-PE, which was signed by him, Sudarshan Singh and Baldev Singh. Thereafter, police went to the gharat of accused Bali Ram and accused Bali Ram opened the lock and then they went inside. From the right side of the wooden shelf, the accused Bali Ram took out a gun and produced it before the police, which was taken into possession alongwith one empty and one live cartridges vide memo Ex.-PF, which was signed by him, Sudarshan Singh and Baldev Singh. Accused Bali Ram has also signed memo Ex.-PG. The gun was sealed with seal impression ‘T’. He identified the gun Ex.-P6 in the Court. He has admitted that he was having a partition case with Smt. Shanti Devi, sister of accused Bali Ram and she was married. 11. PW-6, Sh. Baldev Singh has deposed that he accompanied Sh. Chaman Lal to the Police Station, Arki and Sudarshan Singh was also present in the Police Station. Accused Bali Ram told that he has concealed the gun in the Gharat and he could get the same recovered. They went to the gharat of accused Bali Ram. Accused Bali Ram opened the door and they all entered inside the gharat and accused Bali Ram produced the gun before the police alongwith one empty and one live cartridges. 12. PW-7, Sh. Ravinder Kumar has deposed that Ranjeet Singh was working with him as servant in his dhaba at bus stand Arki. The accused Ranjeet Singh told him at 4:00 p.m. that he was to go to his house as there was katha in his house. 13. 12. PW-7, Sh. Ravinder Kumar has deposed that Ranjeet Singh was working with him as servant in his dhaba at bus stand Arki. The accused Ranjeet Singh told him at 4:00 p.m. that he was to go to his house as there was katha in his house. 13. PW-8, Constable Sunil Kumar has deposed that on 27.02.2005, Smt. Rewati Devi, W/o Bali Ram produced gun licence to SHO/SI Surender Pal in his presence, which was taken into possession vide Ex. PW-8/A. 14. PW-9, Sh. Chandu Ram has deposed that he was also associated by the police in the investigation at Police Station, Arki. In his presence, all the accused persons, Bali Ram, Ranjeet Singh and Chintamani made disclosure statements to the police. These statements were reduced into writing vide Ex. PW-9/A, Ex. PW-9/B and Ex. PW-9/C. 15. PW-10, Sh. Devesh Sharma, has taken the photographs of the spot vide Ex. PW-10/A1 to Ex. PW10/A-10, and negative copies are Ex.-PW10/A-11. PW-11, Shamsher Singh has also taken the photographs of the gharat vide Ex.-PW-11/A-1 to Ex. PW-11/A-11 on 26.02.2005. 16. PW-12, Dr. Sant Lal Sharma has examined PW-1. According to him, the probable duration of the injury was within six hours. The weapon used was gun shot. He issued M.L.C. Ex.-PW12/A. According to him, the injury was possible with gun shot. He has also deposed that at the time when injured was brought to the hospital, the name of the assailant was not disclosed to him. According to him, the injured was conscious when he was brought to the hospital. The police did not record the statement of injured or any other person in the hospital in his presence. According to him, the wound was just around the heart of the injured on the back side. He has also admitted that he has not given his opinion regarding the injury and its nature on the date when the injured was examined by him. The injured remained in the hospital for half an hour. He gave first aid to the injured and thereafter he was referred to I.G.M.C., Shimla. 17. PW-14, Sh. Ashwani Kumar has recorded the FIR Ex. PW-14/B. He has admitted in his cross-examination that a telephonic information was received from Civil Hospital, Arki that an injured person was admitted in the hospital. Thereafter, the police party reached to the Civil Hospital, Arki. 18. PW-17, Dr. 17. PW-14, Sh. Ashwani Kumar has recorded the FIR Ex. PW-14/B. He has admitted in his cross-examination that a telephonic information was received from Civil Hospital, Arki that an injured person was admitted in the hospital. Thereafter, the police party reached to the Civil Hospital, Arki. 18. PW-17, Dr. Ajay Chauhan has examined PW-1 in I.G.M.C., Shimla. He has admitted in his cross-examination that since the major vessel of the injured were not injured, therefore, the injury was not eminently grievous. PW-18, Dr. Dinesh Sharma has also examined PW-1. He examined the patient and found a lacerated wound on the left back side of the chest. It was a gun shot injury. 19. PW-19, Sh. Rajesh Kumar has proved the report, Ex. PW-19/A. He has admitted in his cross-examination that no photographs of test fire cartridge were taken by him before test. According to him, he has drawn sketches of test fire after testing. He has also admitted that when the cartridges are fired, the pallets after some distance start dispersing. 20. PW-20, Surinder Pal has deposed that he received a telephonic call from one Shri Bhuvneshwar at 1:50 a.m. that some one has fired at his father and he was being brought to Civil Hospital, Arki. He lodged the report Ex.-PX at Police Station, Arki. He prepared the site plan Ex. PW-20/B. He arrested accused Beli Ram on 24.02.2005. Accused Bali Ram made a disclosure statement on 26.02.2005 Ex.-PE, on the basis of which, he was taken to gharat, from where a gun single barrel with 12 bore, was recovered. He also recovered two live cartridges and one used cartridge. In his cross-examination, he has admitted that Ex.-PX was not in his hand writing. It was recorded at his dictation on the basis of telephonic information. He also admitted that it was the first information report received at the Police Station about the crime. 21. PW-2, Bubneshwar has informed the Police Station, Arki about the incident. He has not narrated the names of the accused persons. The only explanation given by him is that he was perturbed. The names have been disclosed for the first time in the statement of PW-1. According to PW-1, Babu Ram, he also called his wife, however, the wife has not been examined by the prosecution. It has come in the statement of PW-1 that he has disclosed the names of accused to Bubneshwar. The names have been disclosed for the first time in the statement of PW-1. According to PW-1, Babu Ram, he also called his wife, however, the wife has not been examined by the prosecution. It has come in the statement of PW-1 that he has disclosed the names of accused to Bubneshwar. However, in case he has told the names of the accused to Bubneshwar, he ought to have given their names in report Ex.-PX. Ex.-PX was required to be treated as first information report by the police, on the basis of which, the investigation has commenced. 22. The incident is dated 21/22.02.2005. The recovery of the gun, on the basis of disclosure statement made by accused Bali Ram is dated 26.02.2005. The recovery has been effected from the gharat. One of the accused, namely, Ranjeet Singh was arrested from the gharat earlier. In case the Investigating Officer has visited the gharat, he would have also searched the gharat. The used cartridge has been recovered from the gharat and not from the spot. It has come in the statement of Dr. Sant Lal Sharma that the names of the accused were not disclosed to him when the patient was brought to the hospital. 23. It has come in the statement of PW-1, Babu Ram that he has strained relations with accused Bali Ram. In his cross-examination, he also admitted that he did not ask his son to apprehend the accused Chintamani and Bali Ram. PW-17, Dr. Ajay Chauhan has deposed that since major vessel of the injured were not injured, therefore, the injury was not eminently grievous. 24. PW-19, Sh. Rajesh Kumar in his cross-examination has testified that specific duration of use of the gun was not given in the report given by him and the possibility that the gun was used five years back, cannot be ruled out. 25. The prosecution has failed to prove that the gun Ex.-P6 and used cartridges were used by the accused. The prosecution has also failed to establish that accused Bali Ram used his gun for firing at PW-1, Babu Ram. Thus, the accused Bali Ram could not be held liable for using licence unlawfully under Section 27 of the Arms Act. 26. Consequently, the prosecution has miserably failed to prove the case against the accused persons. The learned trial Court after considering the entire evidence, has rightly acquitted the accused. Thus, the accused Bali Ram could not be held liable for using licence unlawfully under Section 27 of the Arms Act. 26. Consequently, the prosecution has miserably failed to prove the case against the accused persons. The learned trial Court after considering the entire evidence, has rightly acquitted the accused. We, therefore, find no merit in this appeal, which is accordingly dismissed. Bail bonds are discharged.