RAM KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Santosh Kumar Singh, Advocate, holding brief of Sri Syed Wajid Ali, learned counsel for the applicants and learned AGA for the State and perused the record.

(2.) The instant application under Section 482 Cr.P.C. on behalf of the applicants has been filed for quashing order dated 4.10.1999 passed by the learned 1st Judicial Magistrate, Aligarh, in Case No.65 of 1994, Durjan Singh Vs. Ram Kishor and others, whereby the learned Magistrate rejected the review application which has been affirmed by the learned VIIth Additional Sessions Judge, Aligarh, vide judgment and order dated 10.12.1999 in Criminal Revision No.376 of 1999 Ram Kishor and others Vs. State and Durjan Singh. Both the orders are under challenge in the instant application.

(3.) The facts of the case stated in brief are that the complainant Durjan Singh lodged the first information report on 12.12.1992 around 9:45 a.m. under Section 307 IPC at Police Station Jawa, District Aligarh against three accused persons namely Ram Kishor, Ram Dutt and Bhajan Lal (real brothers) at Case Crime No.301 of 1992. According to the first information report, one Ram Swaroop, younger brother of the complainant Durjan Singh, won election of Village Pradhan defeating Genda Lal which caused enmity between the two parties. In the intervening night of 11/12.12.1992 around 10 O' Clock when the complainant went to sleep at his house, he saw three accused persons standing there. When the complainant asked them the reason for standing there, they abused the complainant and just then the two accused persons Ram Dutt and Bhajan Singh each fired one shot from their respective Tamancha at the complainant with an intent to kill him. The third accused-Ram Kishor threw Saria (iron rod) towards the complainant causing injury to him. The complainant saved himself by taking shelter behind thresher. The accused persons were seen by the witnesses including the complainant in the moon light.