SATISH RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application under S. 482, Cr. P.C. has been filed for quashing the order dated 24-7-2002 passed by Additional Sessions Judge, Court No. 6, Gorakhpur in S.T. No. 178 of 2002 holding that charges under S. 302, IPC be framed against the applicants.

(2.) One Nagendra Rai lodged an FIR on 19-8-2001 against the applicants under Ss. 308, 323, 504, IPC with the allegation that on 19-8-2001 at about 7-30 p.m. a quarrel was going on between the ladies of the families of the parties and Keshbhan Rai asked the applicant Satish Rai as to why he was not stopping ladies of his family. In it Satish Rai abusing him asked him to go away. In the meantime, the applicant Harish Rai also came and then Satish Rai started causing injuries on Keshbhan Rai with sword and Harish Rai to the complainant and Sanjai Rai by hockey stick. Keshbhan Rai became unconscious and fell down while head of Sanjai Rai was broken. The complainant received injuries on his left hand. Keshbhan Rai was shifted to the hospital of Gorakhpur.

(3.) On medical examination following injuries were found on the person of Keshbhan Rai :- (1) Incised wound 16 cm on left side of skull, 3 cm away to left ear Advised x-ray. (2) Incised wound 26 cm x 10 cm on left arm 10 cm above the left elbow joint. Advised x-ray.