BRAHMDEV YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ghanshyam Dubey, Sri Satyawan Shahi, learned counsel for the petitioner, learned A.G.A.for the State of U.P.and Sri A.B.L.Gaur, Senior Advocate, assisted by Sri R.P.Dwivedi, learned counsel for the Respondent No. 5.

(2.) This petition has been filed by the petitioner Brahmdev Yadav with the following prayers.

(3.) The facts, in brief, of this case are that petitioner Brahm Dev Yadav lodged the FIR on 20.5.2014 at 11.20 P.M.in respect of the incident allegedly occurred on 20.5.2014 at about 8.45 P.M.in case crime No. 399 of 2014 under section 302 I.P.C., Police Station Cantt., District Gorakhpur in which two persons, namely, Chandan Singh and Ashutosh alias Ashu have been named as accused and two persons were unknown alleging therein that on 20.5.2014, at about 8.45 P.M.the first informant, his brother Lal Bahadur, Dan Bahadur, Driver Dharam Raj Yadav and Rahul Tripathi were returning from the Income Tax Office boarding in a Forturner vehicle , in front of the Gate of the University, all of a sudden 4 miscreants discharged the shots, consequently, the deceased Lal Bahadur sustained gun shot injuries , out of 4 miscreants, two persons, namely, Chandan Singh and Ashutosh alias Ashu were identified. The deceased Lal Bahadur taken to the hospital where he succumbed to his injuries. After commission of the offence of the murder, on 3.8.2014 at about 11.05 P.M. some miscreants fired at the police party in which six miscreants, namely, Vinod Upadhyay son of Ram Kumar Upadhyay, Rakesh Yadav, Rajesh Dubey, Yogendra Mani, Santosh Singh and Mukesh Shukla were apprehended on the spot, and from their possession two rifles 315 bore, 8 cartridges of 315 bore, one country made pistol, two live cartridges and one empty cartridge of 12 bore, one pistol along with two magazines, 4 live and two empty cartridges were recovered. Its FIR was lodged by Sri Anjani Kumar Rai, S.H.O.Police Station Cantt. District Gorakhpur on 4.8.2014 at 2.45 A.M.in case crime No. 638 of 2014 under section 307/ 34 I.P.C. case crime No. 639 of 2014 under section 3/25 Arms Act, case crime No. 640 of 2014 under section 3/25/27 Arms Act, case crime No. 641 of 2014 under section 3/25/27 Arms Act and Case crime No. 642 of 2014 under section 3/25 Arms Act.