JAGAT NARAIN PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The revision has been filed against the order dated 20-7-2001 passed by Chief Judicial Magistrate, Auraiya in Criminal Case No. 1473 of 2000 : (Crime No. 205 of 2000) under Ss. 304/34, 506 and 394, I.P.C. and S. 7, Criminal Law Amendment Act, P.S. Kotwali Auraiya, district Auraiya.

(2.) An F.I.R. was lodged by applicant-Jagat Narain Pandey on 3-5-2000 at 6.30 p.m. at P.S. Kotwali Auraiya alleging that he along with his two sons Pramod Kumar Pandey and Kapil Kumar Pandey had gone to purchase vegetables in Sabjimandi at Phoolganj. He was standing at some distance and his two sons were purchasing vegetables. In the meantime, at about 5.30 p.m. Ambrish Kumar Mishra armed with rifle, Rajesh Kumar Mishra alias Raju Mishra, Alok Kumar Mishra and Kallu armed with double barrel gun arrived there. All the above four accused (opposite parties Nos. 2 to 5) started firing from their weapons, due to which Pramod Kumar Pandey and Kapil Kumar Pandey received gun shot injuries and died on the spot. The above accused also looted licensed rifle of Pramod Kumar. The occurrence was witnessed by the complainant, Sri Sanjeev Kumar, Rajendra Singh, Chandra Prakash, Abhisekh and others.

(3.) On the basis of above report, a case was registered at Police Station. The local Police started investigation. One Smt. Ramwati, who was mother of accused-Ambrish Kumar Mishra and Rajesh Kumar Mishra moved an application before the Chief Minister praying that the investigation of the case may be got done by C.B.C.I.D. Thereafter, the State Government took a decision that the investigation of the case be done by C.B.C.I.D. and the decision was communicated to Director General of Police, vide letteer dated 29-5-2000. Thereafter, by another order dated 19-1-2001 the State Government transferred the investigation of the case from C.B.C.I.D. to local Police.