GULAVARDHWAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision has been preferred against impugned order dated 3 -7 -2006 passed by Special Judge (E.G. Act), Gorakhpur in Sessions Trial No. 56 of 2006, State v. Paramhans & Ors., under Sections 147, 248, 149, 307, 504, IPC, Police Station Gagaha, District Gorakhpur whereby the discharge application moved by the accused -revisionists was rejected.

(2.) SHRI Mahadev Yadav son of Pathar Yadav, informant lodged a First Information Report against all the 12 accused alleging that on 10 -7 -1993 at about 3 -4 p.m., when the informant was uplifting the thatch with the help of his family members, accused Param Singh and Lal Mani Singh, armed with rifles; Bhagwant Singh, Bachcha, Rajjan Singh, armed with guns; Gulab Singh alias Mahanth Singh, Narendra Singh, Babool Singh, Awadh Narain Singh, Vishwanath Singh Ranveer Shahi, all armed with country made pistols, Ram Dularey Pandey and his sons, who were living at Pandey Par, armed with country made pistols, reached at the place of occurrence. On the exhortation of accused Paramhans Singh and Lalmani Singh, all the accused persons armed with fire -arms started firing upon the complainant and his family members due to which Smt. Rampati Devi, Smt. Barta Devi, Sita Ram, Aathar Yadav, Hare Ram, Radhey Shyam and others sustained injuries on the fires, made by accused Lalmani and Paramhans, the niece of the complainant and Smt. Ram Pati Devi also sustained injuries.

(3.) AFTER commitment of the case to the Court of Sessions, an application on behalf of the accused persons has been moved for discharging them under Section 227 of the Code of Criminal Procedure. The said application was rejected. Feeling aggrieved by it, this revision has been preferred in this Court.