STATE OF U.P. Vs. SHIVCHAND YADAV

JUDGEMENT

(1.) Heard Ms. Nand Prabha Shukla, learned AGA for the appellant on the application under Sec. 378(3) Cr.P.C. seeking leave to file appeal against the judgment and order dtd. 2/9/2020 passed by the learned Sessions Judge, Bhadohi at Gyanpur in Session Trial No. 120 of 2014 (State vs. Shivchand Yadav and another) and Session Trial No.121 of 2014 (State vs. Shivchand Yadav).

(2.) Facts of the case, briefly stated, are that on 3/5/2014 a first information report was lodged at 00:30 hours against unknown persons on the information given by Ajay Kumar Maurya son of Late Ramji Maurya stating that the informant's father was employed as Muneeb in the oil depot of Madan Lal Agrahari. On 2/5/2014 at 21:30 hours, he received an information that his father was murdered at Toll Plaza of Lala Nagar, near petrol pump of Natwa Village by some unknown miscreants.

(3.) The accused persons Shivchand Yadav (respondent no.1) and Kamlesh Dubey (respondent no.2) were arrested on 8/5/2014 and one pistol along with three cartridges were recovered from respondent no.1. On the basis of the said recovery, Case Crime No. 145 of 2014 under Ss. 3/25/27 of the Arms Act was registered against him on that very day. After investigation a charge sheet under Sec. 302 IPC was submitted in Case Crime No. 143 of 2014 against both the respondents and a charge sheet under Sec. 3/25/27 of the Arms Act was submitted in Case Crime No. 145 of 2014 against the respondent no.1.