BHEEM SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) The instant application under Sec. 482 of the Code of Criminal Procedure (in short "the Code") has been filed to quash the impugned order dtd. 7/10/2021 passed by Additional Sessions Judge Court No. 4, Deoria, in the Sessions Trial No. 40 of 2017 (State v. Bheem Singh and Another) arising out of Case Crime No. 458 of 2015 under Sec. 307 of Indian Penal Code (hereinafter referred as "IPC"), registered at Police Station - Lar, District Deoria by which two applications filed by the applicant/accused under Sec. 311 of the Code have been rejected by a common order dtd. 7/10/2021. BRIEF FACTS OF THE CASE:

(2.) The prosecution case, in brief, is that the First Information Report (in short "FIR") dtd. 25/8/2015 has been lodged by PW-1 Vinod Singh (younger brother of the injured) against the applicant, Subhash Singh, and two other known persons stating that on 23/8/2015, elder brother of the first informant, Balindera Singh went to the market 'Lar1 for some personal work by his motorcycle. After finishing his work, he was returning to his home and reached 400 meters from Dhamauli Tiraha at about 6:00 P.M. In the meantime, two motorcyclists reached there from his back side, the applicant and Subhash Singh were sitting as a pillion rider and both the motorcycles were being driven by unknown persons. Subhash Singh called Balindera Singh from the back side. No sooner did the brother of the first informant slowdown his motorcycle and turn behind on exhortation of Subhash Singh, the applicant shot fire upon Balindera Singh, who fell on the ground. At the time of the incident, Dhirendra Singh was roaming in his field situated some distance from the spot and Girjesh Singh was attending his natural call at that time. On hearing the gunshot, both rushed to the spot and the accused persons fled away from the spot rolling firearms in the air to Bhagalpur. The incident has taken place due to old enmity. The informant took the injured firstly to Government Hospital, Lar and then to District Hospital Deoria. Treatment of his brother is going on in Trauma Centre, Medical College Lucknow. When the condition of Balindera Singh improved to some extent, he told him about the incident.

(3.) The FIR of the present incident has been lodged by the PW-1 Vinod Singh at Police Station- Lar District Deoria on 25/8/2015 at 16:30 hours under Sec. 307 of IPC against the applicant, Subhash Singh, and two unknown persons after about 46 hours of the incident on the basis of Tahrir dtd. 25/8/2015 which are Annexure-2 and Annexure-3 to the affidavit.