AMIR CHAND PATEL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Viresh Misra, senior advocate assisted by Sri Sameer Jain and Sri Amit Misra, learned counsel for the applicant as well as learned A.G.A. for the State and perused the records.

(2.) Learned counsel for the applicant submitted that applicant is not named in the FIR. The prosecution case was that on 23.4.2012, the deceased Mahesh Prasad had gone from his house in Ardali Bazar, Varanasi to Bhojuveer Satti to purchase vegetables at 8:00 a.m. by his scooty. While returning home, near Raymonds showroom, Ardali Bazar, two unknown persons shot him in the back. The local persons took him to hospital where he died. FIR was lodged on the same day at 11:40 a.m. by Ramesh Prasad Jaiswal, the brother of the deceased.

(3.) Learned counsel submits that during investigation, the name of one Vijay Jaiswal came to light, who was detained in jail, with whom the deceased had litigation regarding property and he was considered by the police to be the main conspirator, who through Rama Nand Tiwari alias Manav, Fahim Ansari alias Rinku, Anand Pandey alias Guru, Rashid and Parvez committed murder of the deceased. On 29.4.2012, further statement of the first informant was recorded by police wherein he raised suspicion against Vijay Kumar Jaiswal. It was contended that witnesses Sant Prasad alias Guddu and Ramesh Kumar Soni also gave evidence of criminal conspiracy against Vijay Kumar Jaiswal. Thereafter, co-accused Rohit alias Sunny Singh was arrested by police and he also disclosed about the criminal conspiracy hatched by Vijay Kumar Jaiswal. The eyewitnesses claimed that the deceased was shot by Fahim Ansari aliad Rinku and Roshan Gupta alias Raju Gupta. It was contended that up to Parcha no.35 of the case diary dated 18.6.2012, the applicant was nowhere in picture. Subsequently, in the second confessional statement of co-accused Fahim Ansari alias Rinku, the name of the applicant came to surface. It was also contended that Fahim Ansari alias Rinku has revoked his confessional statement given to police through an affidavit before the trial court.