RAJ DULAREY SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and the learned A-G.A. appearing for the State.

(2.) This application has been filed for quashing the criminal proceedings with respect to crime No. 52 of 1985 against the applicant under Sections 147, 148, 149, 380 and 302 IPC, P.S. Asodhar, district Fatehpur, which was pending as Criminal Case No.l372-A Of 1985 State v. Ram Dularey, before the court of C.J.M. Fatehpur.

(3.) The allegations in this case in the F.I.R, were that on 9-4-1985 at 4.30pm one Bakshraj hurled a hand bomb, which fell near the deceased Suryabhan Misra and one of the pellets struck the decease. Hearing the sound of the bomb, some persons arrived there. After some time, the co-accused Girja Shankar armed with licensed rifle, the applicant Ram Dularey carrying a double barrel gun, Bakshraj, Munni. Galku, Shambhoo, Kailashi, Gulab, Kamlesh, Rampal, Bharose, Bada Bhoora, Kalloo Kachhwah and others who were carrying lathies arrived there and Girja' Shankar and Ram Dularey pointed their weapons at the deceased and after exhorting that the applicant would not be spared because he had been opposing them, the accused namely Bakshraj and Kalloo Kachhwah Caught hold of the deceased and took him to the door of Chhote Bhadwaria and there he was beaten with lathies and blunt side of the guns. When another brother of the informant Gyan Prakash, namely Om Prakash arrived there, he was also assaulted. The do-accused Bakshraj and Kallu Kachhawaha also took away the licensed gun of the deceased. The report of this incident was lodged on 9-4-1985 at 11.30pm.