LAWS(ALL)-2023-11-158

SHESHNATH SINGH Vs. STATE OF U. P.

Decided On November 28, 2023
Sheshnath Singh Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. ('Code' for short) seeks to quash an order dtd. 16/3/2023, by which the prosecution evidence has been regarded closed and a direction given that the case may come up for recording the statement of the accused under Sec. 313 of the Code. It is not this order that substantially aggrieves the applicant. The applicant is aggrieved by the non decision of his application dtd. 21/11/2022, before passing the order impugned. The applicant, in substance, therefore, seeks that before the Court would direct that the prosecution case is over and the accused's statement under Sec. 313 of the Code recorded, the applicant, who is an accused at the trial, is entitled to a decision on his application, above referred.

(2.) The applicant is one of the accused facing trial before the learned Additional Sessions Judge, Court No. 4, Ghazipur in S.T. No. 219 of 1987, State vs. Kanhaiya and others (arising out of Case Crime No. 227 of 1986), under Ss. 147, 148, 149, 302 IPC, P.S. Dildarnagar, District Ghazipur.

(3.) According to the applicant, the first information report giving rise to the crime was lodged on 25/9/1986 at 11:30 a.m., while the incident took place on 25/9/1986 earlier in the day at 08:30 a.m. There are three nominated accused in the FIR, to wit, Kanhaiya Singh, Hridaya Narayan Singh and Sheshnath Singh alias Shishu, besides two men unnamed. The first information version is that the informant, Satish Kumar, was a resident of Ward No.5, P.S. Dildarnagar, District Ghazipur. In one of his houses, about 7-8 years ago, Brij Narayan Singh of Village Gohda, P.S. Dildar Nagar, District Ghazipur used to live. Brij Narayan was a Goonda and a man of criminal propensities. In the neighbourhood, people were scared of him. The informant's father asked Brij Narayan Singh to vacate his house, upon which, the former refused.