ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V.P. Srivastava, senior advocate assisted by Sri J.P. Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) LEARNED counsel for the applicant submitted that this case is a glaring example of exercise of right of private defense. On 14.10.2011, the deceased Dinkar @ Bharat Bhushan, accompanied by two other persons, came to the house of the applicant and shot Sugam, the son of the applicant, dead. The wife of the applicant caught hold of Dinkar. She was also fired at and got injured. FIR was lodged by the applicant against Dinkar same day at 7:45 P.M. at P.S. Sidhpura, District Kanshi Ram Nagar, which was registered at crime no.403 of 2011 under sections 302, 307 IPC. Subsequently, Dinkar died and father of Dinkar, the present first informant - Urti, lodged instant FIR after 6 days on 20.10.2011 virtually admitting all the facts in the same. As per the FIR, Dinkar had love affair with the daughter of the applicant. He went to the house of the applicant to bring daughter of the applicant with him. There was an altercation. Dinkar fired causing gunshot injury to the son of the applicant. The applicant also fired causing injuries to Dinkar. Dinkar also fired at the wife of the applicant causing injuries.