AMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionists and learned A.G.A,

(2.) Brief facts of the F.I.R. are that the person moving the application under Section 319 Cr.P.C. was the complainant and eye witness. On 08.03.2012 at about 11:30 A.M. on the day of Holi when the complainant along with his brother Narendra Pal and his children and Smt Sushma wife of Narendra Pal were present in his house, Smt Guddo Devi wife of Manoj Kumar was also present at that time. Suddenly Dinesh Chandra armed with country made gun, Ram Naresh armed with country made rifle, Nahar Singh armed with country made pistole, Karuwa armed with farsa and Sheel Devi was armed with danda. All of these have been entered the house of the complainant and on the instruction of Sheela Devi they assaulted Sushma and fire was opened on Sushma which hit her in the stomach all the people assaulted Narengra Pal with farsa and butt of the rifle. Guddo was tried to save them but she was also beaten by them. Smt. Sushma Devi had died on account of injuries sustained.

(3.) The I.O. did not submit charge sheet against the accused Amar Singh and Sheela Devi. Counsel for the revisionist has argued that learned lower court has relied upon the evidence concluded by the I.O. and thus he has committed the error.