NAHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionists, Sri A.N. Pandey, learned counsel for opposite party no. 2 and learned A.G.A.

(2.) This revision has been preferred against the order dated 07.04.2015 passed by Additional Sessions Judge, Court No. 6, Mathura whereby allowing the application under Section 319 Cr.P.C. and summoned the revisionists under Section 302 I.P.C.

(3.) Brief facts of the case are that the first information report was lodged stating that the deceased used to do the business of milk and on the fateful day at about 04:30 A.M., the deceased went to extract milk at the house of Bhagwan Das. Suddely, unknown miscreants fired at him and he become injured. On hearing the sound of fire shots the informant and other people came there and took the injured to the hospital where he was declared dead. The first information report was lodged against unknown persons and investigation started. During the course of investigation the informant and other witnesses filed affidavit in which they mentioned the names of Kailash and the revisionists as the accused persons of the alleged incident.