TAUSIF Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Viresh Mishra, Senior Advocate assisted by Sri Amit Mishra, learned counsel for the applicant, Sri Rajiv Gupta, learned counsel for the complainant, learned AGA for the State and perused the records.

(2.) Learned counsel for the applicant submitted that according to the prosecution case, on 19.12.2012 at about 6.30 p.m., the complainant's brother Hamid (deceased) was sitting on his shop. Eight persons named in the FIR including the applicant came there on a motor-cycle and a Fortuner Car and fired indiscriminately at Hamid causing his death. It was contended that the complainant claims himself to be an eye witnesses but despite previous enmity, no attempt was made on the life of the complainant.

(3.) The contention is that the alleged motive claimed by the prosecution is that earlier the deceased had lodged FIR in respect of offence under Section 307 IPC against co-accused Mazid and Rashid. The accused persons were pressurizing the deceased not to give evidence in the said case. It was contended that the said motive is entirely false as it is a no injury case arising out of case crime no. 570A of 2012. The said incident took place on 24.8.2012 but FIR was lodged on 27.8.2012. In fact, on 24.8.2012, 15 persons including the first informant committed brutal murder of Wahid and caused injuries one Smt. Meena and Rashid in respect of which, Crime No. 570 of 2012 was registered.