RAKESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Atul Sharma, learned counsel for the applicants and Sri Jata Shankar Pandey, learned counsel for the respondent no.2 and also Sri Vikas Goswami, learned A.G.A. for the State-respondent.

(2.) This application has been filed under Section 482 Cr.P.C. seeking to quash the impugned order dated 20.04.2007 passed by 16th Additional District Judge, Agra, framing the charge against the applicants under Sections 324/34, 307/34, 504 and 506 IPC, Police Station- Khera Rathore, District- Agra in Sessions Trial No.311 of 2007 (State Vs. Rakesh Singh and Others).

(3.) Brief facts of the case as per the First Information Report are that on the occasion of Holi celebrations on 15.03.2006 at about 04:30 PM in Village Gohara, Police Station Khera Rathore, District- Agra, the accused persons, namely, Rakesh Singh, Ugesh Singh, Pramod Kumar and Shyamveer assaulted Navichand son of Dalveer Singh with lathi-danda and on the screaming of Navichand, Rakesh Yadav and Om Prakash, the complainant, rushed to the spot to save him at which Rakesh Singh and Ugesh fired on them. One of the firearm shots which was fired by Ugesh, hit the left wrist of Om Prakash son of Jasram after which Om Prakash fell on the floor and thereafter they assaulted with sharp edged weapons on his head, he become unconscious thereafter. On hearing the noise of gunshot, Ram Naresh son of Banwari Lal and Kedar Singh son of Gurudayal Singh came at the spot and picked up the complainant-injured Om Prakash. The accused-persons hurling abusive words threatened that if any one comes forward to become witness of this incident, will have to face dire consequences. In the incident, three persons, namely, Rakesh Yadav, Om Prakash and Navichand have sustained injuries.