RAJA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER -rejoinder affidavits have already been exchanged between the parties and are on the record.

(2.) HEARD the learned counsel for the applicant, the learned counsel for the complainant, the learned AGA and perused the record.

(3.) THE prosecution case in a nutshell is that on 29.6.2010 at about 7:00 pm the applicant, Raja Singh and his brothers, Vijay Singh and Pralay Nath alias Bauwa along with Ram Asrey and one unknown person, armed with axe, banka and spade, assaulted the father of the complainant, the complainant tried to save his life and ran away from the spot. The complainant's father succumbed to injuries. The first information report was lodged on the next day i.e. 30.6.2010 at about 8:00 a.m. According to the prosecution case, the applicant armed with banka, while the co-accused Vijay Singh and Pralay Nath alias Bauwa armed with spade, Ram Asrey armed with axe and one unknown person had also armed with banka. All the accused persons have been assigned the role of assaulting the complainant's father with their respective weapons.