STATE OF U.P. Vs. ARUN MISHRA

JUDGEMENT

(1.) Heard learned A.G.A. for the State and perused the judgment of the trial Court.

(2.) The brief facts necessary for the disposal of this application are that a First Information Report was lodged by informant Chandra Kumar on 17.05.2004 at 15:30 hours at Police Station Kotwali, District Sitapur by presenting a written application and stating therein that in the Month of August, 2002, one Suresh of his village was done to death and on the basis of old enmity he and his sons Anurag and Meetu @ Amit Kumar and other family members were falsely charged for the same. Today i.e. on 17.05.2004 the date fixed for evidence in that case and informant of the instant case along with his two sons and other accused persons came to the Court to attend the case. The case was not taken up due to condolence observed by Local Bar on account of death of an Advocate and 31.05.2004 was fixed as the next date. He (Informant) and his two sons along with one Kallu were returning to their home (Village Sonsari). When they reached a little ahead of ''Vaidehi Vatika' at Lucknow Road, a Qualis Car stopped near them wherein accused Mahesh was sitting and he fired at them. It is further stated that soon thereafter the other co-accused persons namely Sanjay, Arun and Ramesh started firing whereby his son Anurag sustained severe injuries and died, the accused persons fled away from the scene towards Lucknow. The above incident has been witnessed by him, Kallu, who was a Pillion Rider of the motorcycle driven by Anurag and also by his son Meetu @ Amit Kumar and many other persons.

(3.) On the basis of the above written application, Case Crime No. 672 of 2004, under Section 302/34 of I.P.C. against accused persons namely Mahesh, Arun, Ramesh and Sanjay was registered and the substance of the same was entered in the G.D. dated 17.05.2004 at Serial No.-45 at 15:30 hours. The investigation of the case was entrusted to Investigating Officer/S.S.I. Shri Lalta Prasad.