(1.) Heard Mr. Vinay Saran, learned Senior Advocate assisted by Mr. Pradeep Kumar Mishra and Mr. Tanzeel Ahmad, learned counsel for the revisionist, Mr. Ankit Saran, learned counsel for the opposite party no. 2 and Mr. R.N. Singh, learned A.G.A. for the State as well as perused the entire material available on record.
(2.) This revision has been filed to set aside the judgment and order dtd. 28/4/2023 passed by learned Additional Sessions Judge, Court no. 7, Meerut in Sessions Trial No. 297 of 2015, arising out of Case Crime No. 333 of 2014, under Sec. 302, 504, 506 I.P.C., Police Station Kankarkhera, District Meerut pending before the learned Additional Sessions Judge, Court no. 7, Meerut.
(3.) For the alleged incident dtd. 24/5/2014 at about 11 : 30 a.m., a first information report has been lodged by Dinesh Kumar Singh i.e. informant/opposite party no. 2 on 24/5/2014 at 1300 hrs. (01 : 00 p.m.) against Krishnapal, Vikash and Praveen (Krishnapal and Vikas are revisionists herein). The said FIR came to be registered as Case Crime No. 333 of 2014 under Ss. 504, 506 and 302 I.P.C., at Police Station Kankarkheda Meerut, District Meerut. In the FIR it has been alleged that on 24/5/2014 the informant along with his sister and brother, namely, Rekha and Neeraj respectively were driving to Meerut in his Honda Amaze White Car to visit Dr. Anil Rastogi who was treating him. As they left their Lakhvaya, a White Scorpio Car overtook and stopped their car. The named accused persons got out of the Scorpio Car and threatened to kill Neeraj for helping Dharmendra Kirtal in a criminal case. They fired shots at Neeraj which resulted his death in his car. It is further alleged that the informant, his sister Rekha and Satendra and Harendra, who were coming behind his car saw the said incident.