MAHESH Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr. P.C. for quashing the order dated 2-7-2005 passed by Sri O.P. Agrawal, then learned Addl. Sessions Judge Court no. 2, Etah in Session Trial No. 320 of 2004, State Vs. Mahesh and others, under section 302/34 I.P.C.

(2.) The facts relevant for disposal of this application are that on 17-12-2002 at about 9.10 A.M. Sri Naresh Chandra lodged an F.I.R. at police station Kotwali, Etah with these allegations that on 16-12-2002 at about 8 P.M the accused Mahesh, Seesram Lekhpal, and Bilsan came on a motor cycle, and Seesram and Bilsan after getting down from the motor cycle went inside a P.C.O. and fired at Raju son of the informant from pistols in their hands. Raju received one bullet injury on his body and the other bullet passed away touching his body. Thereafter the accused went away on the motor cycle. Thereafter Naresh Chandra took Raju to the district hospital Etah but as his condition was serious, the doctor advised that he should be immediately taken to Agra. Raju died in the hospital at Agra. Then Naresh Chandra after leaving the dead body in the hospital came back to Etah and lodged the report at the police station Kotwali Etah.

(3.) On the basis of that report the police registered a case under section 302 I.P.C. and after completion of the investigation submitted a charge sheet against all the accused persons.