VINAY PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for the opposite party No.3, Sri Kamal Krishna, learned Senior Advocate, assisted by Sri Gaurav Pratap Singh, learned counsel for the opposite party No.4 to 6 and learned AGA for the State.

(2.) This criminal revision has been preferred against order dtd. 8/9/2022, passed by the learned Additional Session Judge/F.T.C.-I, Ballia in Session Trial No. 224 of 2008 (State vs. Vinay Singh), Case Crime No.64 of 2006, under Sec. 302 IPC, police station Haldi, district Ballia, whereby the application filed by the revisionist / accused under Sec. 319 CrPC, has been rejected.

(3.) Perusal of record shows that the informant of the case, namely, Radhey Shyam Mishra has lodged the first information report of this case on 5/6/12/2006 at 00:30 hours, alleging that on 5/12/2006 his son Manoj Mishra has gone to see his uncle Brijesh Chaubey at Babuvela. There Manoj along with his uncle Brijesh Chaube was attending a 'Tilak' ceremony organised by Ashok Kumar Singh. During that function while programme of dance was going on, Dr. Ashok Kumar Singh, Vaibhav Singh s/o Dr Ashok Kumar Singh, Dr. Abhishek Singh and Dr. Vinod both s/o Dr Sita Ram and some of their family members came to see the dance programme and they were in drunk condition and at around 11.00 PM, they started making indiscriminate celebratory firing. One of the bullet has hit Manoj Kumar and another at one Chandeshwari Singh and resultantly, Manoj Kumar and the said Chandeshwari died of gun shot injuries. The first information report was lodged against four accused persons namely, Dr. Ashok Kumar Singh, Vaibhav Singh, Dr. Abhishek Singh and Dr. Vinod Singh. During investigation they were granted bail. Later on Dr Sita Ram has made an application to the higher police authorities for fair and impartial investigation. Consequently, the investigation was transferred from district Ballia to Mau and further investigation was conducted by one R.D. Shukla. It appears that during investigation the involvement of said named accused persons was not found and after completion of investigation, on 29/5/2008 charge-sheet under Sec. 302 IPC was submitted against the revisionist/accused Vinay Pratap Singh and that said four named accused persons were exonerated.