ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) As both these revisions arise out of the same impugned order dated 29.2.2016 passed by learned Additional Chief Judicial Magistrate, Court No. 3, Etawah in the same Case Crime No. 194 of 2013 under Sections 307, 504 and 506 I.P.C., Police Station Civil Lines, district Etawah on the same Final Report No. 172 of 2013 (Jagvir Singh Vs. Jaswant and others), both are hereby being disposed of by this common order.

(2.) The revisionists in both these revisions are the accused persons of the same occurrence, which is said to have taken place on 23.4.2013, when one Lalji, the elder brother of the first informant, was going to some other village to meet his married daughter. At about 7.00 P.M. when he reached near the canal, he was intercepted by the accused persons reaching there on two motorcycles. One motorcycle blocked his way from the front side and the other from the back side. It has been alleged that the accused revisionists Jaswant, Amar Singh and Chet Ram alongwith one unknown person alighted from those motorcycles and surrounded the elder brother of the first informant/opposite party no. 3 from all sides. One of them exhorted with the words "BAHUT PAIRVI KARTA HAI, SAALE KO JAAN SE MAAR DO". On this, accused revisionists Jaswant took out a country made pistol and fired on Lal Ji. The fire hit on the inner side of joint of the left elbow of Lal Ji causing a through and through injury. Thereafter, seeing a car coming on that road, all the accused persons ran away from the spot on their motorcycles. The persons sitting in the car, saw Lal Ji lying on the road in an injured condition, they took him to the hospital and telephoned the police. The FIR of the incident was lodged on the same day, by the younger brother of injured at P.S. Civil Lines, Etawah, which was registered as Case Crime No. 194 of 2013 under Section 307 I.P.C. and investigation proceeded. During investigation the name of unknown accused came to light as Ashok (sole revisionist in Crl. Revision No. 1563 of 2016). However, after investigation, the I.O. submitted Final Report in the matter.

(3.) The first informant filed protest petition against the Final Report mentioning in detail about his own statement and statement of his injured elder brother Lal Ji recorded by the I.O. under Section 161 Cr.P.C. Besides it, he also mentioned about the recovery of cycle of Lal Ji from the place of occurrence by the police, the recovery of blood stained clothes of Lal Ji given by him to the police and the recovery memos prepared by the police with regard to aforesaid recoveries. In the protest petition it was alleged by the complainant that the I.O., in connivance with the accused persons, has submitted