STATE OF U.P. Vs. UMAKANT AND OTHERS

JUDGEMENT

(1.) HEARD learned AGA and perused the trial Court judgment and record.

(2.) THIS application for leave to appeal has been preferred against the judgment and order dated 29.10.2010 passed by the Additional Sessions Judge, Court No. 6, Shahjahanpr in S.T. No. 1077 of 2000 (State Vs. Uma Kant and others) arising out of Case Crime No. 39A of 2000 under Sections 307, 504, 506 I.P.C., Police Station -Puvaya, District -Shahjahanpur, by which the trial Court has acquitted the accused respondents.

(3.) THE prosecution case in brief is that the informant -Vivekanand, son of Dadhinath Bajpai, resident of Village Satwan Bujurg, Police Station -Puvaya, District -Shahjahanpur has stated that there was an enmity going on between him and one Uma Kant son of Kamta Prasad. On 9.2.2000 at about 8.30 A.M. he was returning from his fair price shop to his house and as soon as the informant reached near the house of Girja Shanker, all the accused persons, namely, Uma Kant, Vijay Kant, Ajay Kant sons of Kamta Prasad and Ashok Kumar Pandey son of Ram Sewak armed with licensee weapons started abusing him and in order to kill him, started indiscriminate firing on him, due to which one pellet hit the neck of the informant. On the alarm raised by the informant, one Vinod Kumar son of Gopinath, who was resident of the village and his father Dadhinath came on the spot, who exhorted the accused persons and saved his life and the accused persons threatened him of his life and fled away towards their house.