AMIT Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionist and learned AGA for the State.

(2.) This revision has been preferred against the order dated 10.06.2014 passed by the Additional Session Judge, Court No. 16, Muzaffar Nagar in Sessions Trial No. 313 of 2012.

(3.) Brief facts of the case are that the prosecution moved an application under section 319 Cr.P.C. stating that on 17.10.2011 at 9.30 a.m. Sanas Pal and Kunwar Pal resident of village Kukada were pealing sugarcane in the field of Sohanveer, suddenly from the adjoining field of sugarcane. Krishan Pal and his sons Amit and Anit accompanied by one unknown person came and they were armed with country made pistol. These people used abusive language and suddenly Krishan Pal, Amit and Anit with intention to kill fired at Sanas Pal, who sustained fire arm injuries. Sanas Pal got injured and fell down. Kunwar Pal tried to save his son, then Krishan Pal assaulted Kunwar Pal with lathi and dandas. He also sustained injuries. An FIR was lodged. In the statement recorded before the lower court PW-1 Amar Pal and PW-2 Sanas Pal have categorically stated that Krishan Pal, Amit and Anit had opened fire. Consequently, the trial court summoned the accused Amit under section 319 Cr.P.C. for offence under sections 307/34, 504 and 506 IPC.