JASWANT Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) By means of this application under section 482 of the Code of Criminal Procedure, herein after referred as "Cr.P.C" the applicant has invoked the inherent jurisdiction of this Court for quashing of the order dated 26.11.2019 passed by learned Sessions Judge, Jalaun at Orai in Sessions Trial No. 30 of 2019 (Lakhan and others vs. State of U.P. and another) arising out of Case Crime No. 326 of 2018, police station Kotwali, district Jalaun, whereby the application No. 16-Kha dated 3.7.2019 moved by the informant, Premnarayan under section 319 Cr.P.C. was allowed and applicant, Jaswant was summoned to face the trial for the offence punishable under Sections 147, 148, 302/149, 323/149, 504 and 506 IPC as well as entire proceedings of aforesaid case.

(2.) In short compass, the facts of the case are that a written report was lodged by the informant of the case, namely, Premnarayan on 09.11.2018 at the police station Kotwali Koanch, district Jalaun against accused-persons, Lakhan, Man Singh, Sahab Singh, Jaswant (present applicant) and Yatendra to the effect that on 08.11.2018 at 5.00 p.m., while he was sitting along with his brother, Sundar (deceased), and witnesses, Mahendra, Gajendra, Karan Singh and Sitaram at the door platform (Chabootra) of Gajendra situated in front of his house, the accused, Man Singh came there and abused the aforesaid persons that they were laughing at him. Thereafter, accused, Man Singh left the place giving threat to the persons sitting there, and after some time, he along with accused, Lakhan, Sahab Singh, Jaswant (applicant) and Yatendra came there and with an intention to kill, accused Lakhan and Man Singh caught hold of deceased, Sundar and accused Jaswant (applicant) fired at him by his country made pistol (Katta), as a result thereof, he received pellet injuries on his forehead and succumbed to the injury. The accused Sahab Singh also fired at the deceased by his weapon, but his shot did not hit the deceased. The accused persons also cordoned the aforesaid persons with a common intention and started beating them with lathi and danda, due to which, witnesses Gajendra, Mahendra, Karan and Sitaram also received grievous injuries. It is further mentioned in the report that there was old enmity between the parties.

(3.) On the basis of the aforesaid written report, a case was registered at Case Crime No. 326 of 2018, under Sections 147, 148, 149, 323, 504, 506 and 302 IPC, police station Kotwali, district Jalaun, On 09.11.2018 post-mortem of deceased, Sundar was conducted and following injuries were found on his person:-