RAKESH JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sunil Kumar, learned counsel for the applicant, learned A.G.A. for the State as well as Sri Upendra Upadhyay, learned counsel for the complainant and perused the record.

(2.) Learned counsel for the applicant submitted that in the FIR, no role was assigned to the applicant and it was alleged that the incident was caused by three unknown persons. The deceased, while admitted in the hospital, disclosed to his wife - the first informant that the unknown assailants used to visit the house of applicant Rakesh Jaiswal and co-accused Rajesh Jaiswal. The contention is that from the FIR, it appears that allegation of criminal conspiracy was levelled against the applicant and his direct involvement was not implied. The first informant herself is not an eyewitness. Abhinesh Jaiswal, the nephew of the deceased and Shiv Prasad Jaiswal, brother of the deceased are alleged to be the eyewitnesses of the incident. The deceased was interrogated by the investigating officer and the deceased asserted the presence of Rakesh Jaiswal along with the unknown persons and also assigned the role of firing to the applicant. Similar statements were given by nephew and brother of the deceased.

(3.) Learned counsel for the applicant submitted that in the FIR, the prosecution case was of criminal conspiracy against the applicant, but the witnesses and the deceased, in their statements given to the investigating officer, changed the version and alleged direct involvement of the applicant and assigned him the role of firing at the deceased.