MAHABIR Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. Heard learned Counsel for the applicant, learned Coun sel for the complainant and learned A. G. A.

(2.) IT is contended by learned Counsel for the applicant that from the own show ing of the informant the F. I. R. does not appear to be a honett document. IT con tains a coloured version. The accused per sons initially are shown to have exercised utmost restraint. They allowed the com plainant party to go scot- free with solitary buttend injury. They did not open any fire while the complainant party was retreating to their house and lodged themselves in safe custody therein. They had not made any attempt to break open their doors. They were armed to the teeth. Later on the complainant party had rushed to the house of a sympathiser. IT is further alleged that the accused persons went up stairs and started hurling filthy abuses. Bhagwan Singh went up stairs and was fired upon by the applicant. The snag between the initial part and the later is discernible without any complexity. Those persons who had acted with such a high degree of restraint till the applicant is said to have fired upon Bhagwan Singh suddenly will not turn in sane. IT clearly shows that some provoca tion was given by the prosecution side. The applicant is in jail since late 1999.