YASPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) None responded for the revisionist even on the revised call and also none appeared on behalf of opposite party nos. 2 to 5. Since a criminal revision has to be decided on merit, therefore, heard Sri Mithilesh Kumar learned A.G.A. for the State, perused the record and thereafter revision is decided on merit.

(2.) This revision has been preferred against the judgment and order of acquittal dtd. 7/10/1999 passed by learned Additional Sessions Judge, IIIrd, Bijnor, in S.T. No. 122 of 1999 arising out of Case Crime No. 94 -A of 1996, under Sec. 307, 504 and 506 I.P.C., Police Station Noorpur, District- Bijnor.

(3.) In brief, facts of the case are that informant,Yashpal Singh, moved a complaint to P.S. Noorpur to lodge an F.I.R. on 19/4/1996 that due to enmity when the informant with his son Narendra Singh and nephews Jaipal and Gopal was on his field, the accused Hukum Singh, Chandrapal Singh, Tikam Singh and Digvijay Singh armed with illegal gun and country made pistol reached there. Hukum Singh exhorted other accused persons to kill them on which all the accused persons fired towards them. They laid down on the ground and saved themselves. Pratap Singh and Sukhpal Singh and others witnessed the incident. On being challenged by them, accused persons left the place with a threat to kill them.