STATE Vs. AMIT GOSWAMI

JUDGEMENT

(1.) The present revision petition has been filed assailing the impugned order of discharge dated 29.01.16 passed by learned Addl. Sessions Judge in FIR No. 142/2010 under Sections 326/34 IPC P.S. New Usmanpur. Initially, vide order dated 05.06.13, the respondent was charged under Sections 326/34 IPC along with another co-accused Jitender Giri.

(2.) The prosecution case, as noted in the impugned order, is reproduced hereinunder :-

(3.) Learned APP for the State has contended that the complainant has suffered gunshot injury which is supported by his MLC records. She further submitted that the complainant has specifically named the present respondent and has also escribed his role in his statement given to the police. It was stated by the complainant that on 01.05.10 the complainant was going on his motorcycle and when he reached Moni Baba Mandir then three persons on motorcycle asked him to stop. He already knew two of them whose names were Jitender and Amit. On exhortation given by Amit, Jitender fired the shot which hit his right leg, thereafter, the accused persons fled on the motorcycle.