KAMLESH BAHADUR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision under Section 397/401 CrPC has been filed against the judgment and order of acquittal of accused-respondents passed by the Additional Sessions Judge/Special Judge, E.C. Act, Pratapgarh in Sessions Trial No. 291 of 2002, arising out of Case Crime No. 338 of 1997, Police Station Antu, District Pratapgarh under Sections 307 and 506 IPC.

(2.) The prosecution case, in brief, was that on 13.06.1997, the complaint/injured, Kamlesh Bahadur Singh was going to Pratapgarh from his residence at Village Shivrajpur; he stopped at Garhwara try-junction to have betel at Chaurasia Betal Shop; at that time, Anjani Singh present there exhorted that he should not go alive, and asked accused Shailendra alias Nate to kill him; accused, Anjani Singh fired at him from behind by country made pistol and accused, Shailendra alias Nate fired at him from front; the complainant raised alarm; at that time, Atibal Singh, Pradhan of Village Rampur and his brother Rakesh Bahadur Singh tried to catch-hold of the accused, however, the accused ran away, showing the country made pistols, towards east; since the accused had firearms in their hands, nobody dared to chase them; the shopkeepers, due to fear and terror, closed their shops. It was further alleged that the complainant had enmity with accused Anjani Singh.

(3.) The complaint was given by the complainant on 13.06.1997 to the Station House Officer, Antu, on the basis of which FIR No. 94 of 1997 dated 13.06.1997 was registered at 9.05 a.m. at Case Crime No. 338 of 1997, under Sections 307 and 506 IPC against accused Anjani Singh and Shailendra alias Nate.