RAMESH CHANDRA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision under Sections 397/401 Cr. P.C. has been preferred against the order dated 7 -9 -2004 passed by Sri Ram Prasad, Additional Sessions Judge, Court No. 1, Bhadhoi, Gyanpur, in Sessions Trial No. 164 of 2001, State v. Sanjay Kumar and Ors.

(2.) THE brief facts, arising out of this revision, are that Ramesh Chandra Srivastava son of Dwarka Lal, the informant, had lodged First Information Report on 5 -6 -2001 at 12.10 p.m. against accused Sanjay Kumar Srivastava and others for the offences under Sections 147, 148,149,307,302,323,504 and 506 I.P.C.,P.S. Suriyawa, District Bhadohi registered as crime No. 49 of 2001 wherein it was mentioned that the mode adopted on 5 -6 -2001 for the measurement of the agricultural field owned by the parties at village Kusaura, was objected by Satendra Kumar, the deceased. At that time Naresh Lal, his sons namely Pravesh Kumar, Virendera Kumar, Sanjai Kumar, grand -sons Ajeet Kumar, Ajai Kumar and son -in -law Pradeep Kumar were also present at the field. They all started hurling abuses to Satendra Kumar which was objected by him, Naresh Lal and his son -in -law Pradeep Kumar exhorted that Satendra Kumar be killed whereupon Pravesh Kumar and Virendra Kumar caught hold and Sanjay Kumar gave knife blows to Satendra Kumar with a view to kill him. On the raising of the alarm by Satendra Kumar, the informant and other witnesses rushed up to the place of occurrence. Sanjay Kumar and Ajeet Kumar also gave knife blows inflicting injuries but Naresh Lal, Virendra, Pravesh Kumar Ajeet Kumar and Pradeep Kumar gave lathi blows to the informant and his brothers and sons. Consequently they also sustained injuries in the incident. On the same day, injured Satendra Kumar was taken to the hospital where he succumbed to his injuries. The case was registered against all the accused persons. After completion of the investigation, a charge -sheet was submitted against the all accused persons after taking the cognizance; the case was committed to the Court of Sessions.

(3.) THEREAFTER , the learned trial Court had framed the charges on 7 -9 -2004 against the accused persons namely Sanjay Kumar Srivastava, Ajeet Kumar Srivastava, Babu Naresh Lal Srivastava, Virendra Kumar Srivastava, Ajay Kumar Srivastava, Pravesh Kumar Srivastava, Pradeep Kumar Srivastava for the offence under Sections 147,323 read with Sections 149, 504 and 506 I.P.C. Feeling aggrieved by it the informant has again approached to this Court by way of preferring the present revision.