MANOJ KUMAR PATEL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Amarnath, learned counsel for the Revisionist, Sri Yogendra Singh, learned Advocate, holding brief of Shri Yogesh Kumar Vaish, learned counsel for the opposite party Nos. 2 to 5, Sri Nitin Kesarwani, learned A.G.A. for the State on admission and perused the record on board.

(2.) Instant Revision has been preferred by Manoj Kumar Patel (victim) challenging the order dated 27.10.2020 passed by Additional District and Sessions Judge/ Special Judge (E.C. Act), Varanasi, rejecting the application No. 79-Kha, dated 21.10.2020, u/s 311 Cr.P.C. filed by revisionist(herein) in Sessions Trial No. 118 of 2016 (C.N.R. No. UPVR01-000691-2016) (State Vs. Vansraaj Patel and Ors.) arising out of case crime No. 22 of 2016, under Section 307, 352, 727, 326-A of I.P.C., Police Station- Cholapur, District- Varanasi.

(3.) Factual matrix of the case shows that the informant and his cousin (son of his mother's sister) Manoj Kumar(revisionist herein) were working in the Madan Textile. On 07.01.2016, duo, after completion of their work, were going to the house of Manoj, situated in Benipur Khurd by their respective motorcycle. At about, 08:45 p.m., while they reached in the village Benikhurd near the house of Molaee, four persons namely Vansraaj Patel, Vijay Patel, Ramesh Patel and Mahendra, who were inimically with the Manoj, had stopped the motorcycle of Manoj and pored kerosene oil over him, with intention to kill and set him ablaze. Seeing the screams of Manoj, informant had raised alarm. While he had been chased by Vansraaj and Ramesh, he ran away after leaving his motorcycle. In the mean-time, co-villagers had gathered there and aforesaid four accused fled away from the scene. With the help of villagers fire of Manoj as well as his motorcycle was extinguished. During process of extinguishing, Prakash Patel and Golu Patel were also injured. With the help of the villagers Manoj was taken to the Kabirchaurra Hospital through ambulance from where he was referred to B.H.U. and due to paucity of place he has been admitted in Adarsh Hospital, Sundarpur.