RAJENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This application u/s 482 Cr.P.C. is moved by applicant Rajendra Kumar against the State of U.P. being aggrieved with the order passed by Additional District and Sessions Judge, Court No.1, Ghaziabad on 2/8/2022 in S.T. No.1512 of 2005 (State vs. Manmohan and others), under Sec. 302 IPC, Police Station- Kotwali, District- Ghaziabad, whereby the application, moved by applicant-accused Rajendra Kumar, under Sec. 311 of Cr.P.C. for recalling PW1 Shiv Kumar Sharma was rejected by aforesaid trial court.

(2.) Heard Shri Sant Saran, Advocate appearing on behalf of Ms. Samriddhi Upadhyaya, assisted by Shri Yash Dev Upadhyaya, learned counsel for the applicant and Shri Mithilesh Kumar, Learned AGA for the State.

(3.) Brief facts of the case giving rise to this present application are that a first information report was lodged by Shiv Kumar Sharma against Manmohan @ Bittu, Rajendra @ Pappu and Satpal @ Santo u/s 302 r/w Sec. 34 IPC on 5/5/2005, in which averment was made that complainant Shiv Kumar had lent his shop to Ranjeet. Manmohan, brother of Surendra Bhola, had told him to get the shop vacated. Due to this cause persons became inimical and told him that he was with their enemies. On 5/5/2005, all the three accused with one more person came to his house to see his ailing father and after that at about 8:15 pm when they were returning, he and his brother Ashok @ Billu and Arjun Sharma went to see off them. When they reached on the road, all the three named accused with one more person dragged their country made pistols and fired at them with intention to kill. In this occurrence, the brother of complainant Ashok @ Billu sustained serious injuries and was declared dead in hospital. The scribe of the aforesaid FIR was Arjun Sharma.