STATE OF U.P. Vs. SAURABH KATIYAR

JUDGEMENT

(1.) THIS government appeal has been preferred against the judgment and order dated 5.4.2003 passed by the Additional Session Judge, Fast Track Court II, Bareilly in Ses­sion Trial No. 620 of 1999 and Session Trial No. 620-A of 1999 acquitting the single ac­cused Saurabh Katiyar, under section 304 I.P.C. and 25 Arms Act, Police Station that Nagar, Bareilly. Leave was granted and appeal was admitted by this Court on 30.8.2006. Compliance of the said order could not be made for the reason that it could not be served on the opposite party for a considerable time and, therefore, he had no communication. Consequently the opposite party was unable to appear before the Chief Judicial Magistrate in compliance of the initial order. Subsequently he ap­proached the Court but his prayer was turned down on the ground that the period granted by this Court stood expired. The opposite party brought to the notice of this Court that he is student of M. Tech. and residing at Allahabad. Thereafter the op­posite party was directed by a Division Bench of this Court to appear before the Chief Judicial Magistrate, Bareilly within a week and furnish a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Chief Ju­dicial Magistrate concerned. The Chief Ju­dicial Magistrate was required to send a compliance report on or before 18th July, 2007. Compliance of the order was made. Record was summoned and the govern­ment appeal is being heard and decided finally.

(2.) ACCORDING to the prosecution, the complainant Nitin Shukla gave an applica­tion at Police Station Baradari, District Bareilly on 17.4.1997 stating therein that in the intervening night of 16/17.4.1997 the first informant, Mayank Awasthi, Amit Rajwanshi, accused Saurabh Katiyar and deceased Shamit Singh were celebrating birthday of their friend Mayank Awasthi on the terrace of Tulasherpur Hostel. All the friends were having dinner. Shamit Singh deceased had consumed some alco­hol. He went down stairs and came up with a country made pistol. He showed the said pistol to the appellant and both of them started playing with it. Suddenly a shot was fired from the pistol which resulted in an injury on cheek near the left ear of Shamit Singh who died instantaneously. The friends tried to stop the blood but to no avail. The accused is alleged to have run away from the place of incident. On the basis of the application given at the police station, a criminal case under section 304 I.P.C. was registered at case crime No. 489 of 1991. Since the matter related to police station Ijjat Nagar therefore, the investiga­tion was carried out by the said police sta­tion renumbering the case crime number as 272 of 1997. After completing the investi­gation, charge sheet was submitted. The opposite party was summoned by the Court. He denied the charges and claimed trial.

(3.) LEARNED A.G.A. appeared on be­half of State and Sri G.S. Chaturvedi Senior Advocate assisted by Sri A.R. Mishra, Ad­vocate on behalf of opposite party.