RAJBIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been preferred by the complainant (first informant) against the judgment and order dated 9-7-2004 of Allahabad High Court by which the charges framed against Akhilesh Chauhan (respondent No.2) were set aside.

(3.) The appellant, Rajbir Singh, lodged an FIR at 5.10 p.m. on 29-9-2003 at P.S. New Agra, alleging that a day before some brickbats were thrown in the compound of his brothers house from the house of his neighbour Ramraj Rathore. On account of this incident, exchange of hot words took place between his father Hoti Lal and accused Ramraj Rathore, but the matter was pacified due to intervention of some persons of the locality. At about 4.00 p.m. on 29-9-2003 Ramraj Rathore and his relations Geetendra Singh and Prem Narain who were armed with firearms came near the shop of the complainant where his father was standing and all of them exhorted that Hoti Lal should be killed. Ramraj Rathore started firing towards Hoti Lal who after receiving the injuries fell down. Pooja Kumari, a girl belonging to Scheduled Caste community, who had come to purchase some articles from the shop, also sustained firearm injuries and fell down. Both the injured were taken to the hospital but they died on the way. The accused continued to fire from their weapons and tried to kill the complainant and his family members as well. On account of the firing resorted to by the accused, a feeling of terror spread and people started running towards their houses. On the basis of the FIR lodged by the appellant a case was registered under Section 302, IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short SC/ST Act) at the police station. The name of Akhilesh Chauhan (respondent No.2) was not mentioned in the FIR. During the course of investigation, the police recorded statement of some persons under Section 161, Cr.P.C., wherein his name appeared and the allegation made against him was that after the incident of firing, one of the accused handed over his rifle to him and then he ran away from the spot.