MAHENDRA PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard on admission.

(2.) The present Appeal has been filed by the complainant against the judgment and order dtd. 6/7/2011 passed by the Additional District and Sessions Judge, Ist Auraiya in Sessions Trial No.500 of 2000 (State Vs. Umesh and others) arising out of Case Crime No.328 A /1998, under Ss. 323/34, 324/34, 325/34, 504, 506, 307/34 I.P.C., Police Station ' Bidhuna, District ' Auraiya.

(3.) Sri Mahendra Pratap Singh filed an application under Sec. 156 (3) Cr.P.C. on 9/10/1998 before the Chief Judicial Magistrate, Etawah with a complaint that he was coming from his field on 5/10/1998 at 5.00 p.m. Sri Umesh Singh and Shiv Mangal Singh sons of Varnam Singh armed with knife, Aniruddha Singh son of Varnam Singh armed with Lathi and Indrabhan Singh son of Varnam Singh armed with country made pistol came in front of his house. Indrabhan exhorted that he should be killed today as he is contesting many cases. Indrabhan Singh who was armed with country made pistol fired at him and he escaped. In the meantime, Umesh Singh, Shiv Mangal Singh and Aniruddha Singh who were armed with knife and Lathi started assaulting the Mahendra Pratap Singh due to which he received serious injuries. On hearing the noise, father of applicant Raghunandan Singh, brother Satya Narayan Singh, Gyan Singh son of Mahendra Pratap Singh and others reached to the spot and saw the incident. The accused ran away from the spot by threatening the applicant to kill him. The applicant could not go to the police station, however, he had informed the Superintendent of Police through telegram on 6/10/1998. He got himself examined by the Doctor and x- ray was done at Sadar Hospital, Etawah. No action was taken against the accused, therefore, he filed the application before the Court for necessary action. The case was registered at police station Kotwali Bidhuna vide chik F.I.R. The case was investigated by the Investigating Officer who prepared the site plan and thereafter he filed the charge sheet against the accused.