VINOD KUMAR SHROTIYA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. This transfer application has been filed by VINOD Kumar Shrotiya who is the informant of crime number 1317 of 2006 under Sections 147, 148, 149, 394, 302, 307 IPC and 7 Criminal Law Amendment Act P. S. Ranipur District Jhansi. In the concerned incident three persons were shot dead and two others had sustained injuries caused by the named accused persons. In this transfer application a counter-affidavit has been filed Sri Vinay Saran Advocate on behalf of accused Bhagat Singh, Ram Swaroop @ Chintu, Swami Prasad @ Pasha and Daya Ram @ Palley Dar, which is taken on record.

(2.) ACCORDING to the prosecution case, an incident occurred on 17- 12-2006 at about 8. 30 p. m. near Pasha Bus Stand, Nai Basti, Ranipur, which is at a distance of one kilometre from the police station. The allegations levelled in the F. I. R. were that the informant Vinod Kumar Shrotiya was sitting on a transport company on 17-12-2006 at 8. 30 p. m. when his brother Manoj Shrotiya accompanied by Vimal Shrotiya, Moni Pal and Ram Babu Tiwari came driving his Indica Car No. U. P. 93j.-8153 from Jhansi. Manoj Shrotiya informed the informant that he was returning after leaving his wife Aradhana to Jhansi and was going to keep her pistol cloths and some ornaments at his residence. As soon as the brother of the informant Manoj Shrotiya reached near Pasha Hotel, a Scorpio and a Tata Safari cars and a Pulser Motorcycle came from the front rival direction. In those vehicles Lakhraj Yadav armed with a rifle, his son Jai Hind armed with the revolver of his mother, his another son Bhagat Singh armed with his rifle, Ram Swaroop and Mahendra both sons of Lakhan Yadav armed with a rifle and country made pistols respectively, Veer Singh son of Gajraj Yadav, armed with a rifle, Sanu son of Khargai Khushwaha armed with a coutnrymade pistol with 5-6 other persons armed with fire-arm weapons got down from those vehicles and surrounded the Indica Car of the brother of the informant and opened indiscriminate firing and subsequently escaped from the place of the incident. Informant and others after the shooting spree went near the car of Manoj and there they found that Manoj Shrotiya, Vimal Shrotiya and Moni Pal had lost their lives on the spot because of murderous assault. Two other persons Deep Chandra and Ram Babu Tiwari had sustained injuries in the said incident. Their medical examination reports are annexure No. 2. The aforesaid malefactors looted the licensed revolver of Aradhana and other articles. The incident was witnessed by informant Vinod Kumar Shrotiya who was present at a Transport Company alongwith Mahendra, Sridhar, Prateek Shrotiya, Komal Yadav and many other persons. Those persons also saw the incident in gas, torch and head lights of vehicles in question. The incident was motivated by political rivalry because the deceased Manoj Shrotiya was an active member of B. J. P.

(3.) ONE another most important fact which requires to be mentioned here is that four of the accused in the said crime including prime accused Lekhraj Yadav, Bhagat Singh, Ram Swaroop, Kamkaj Yadav, Swami Prasad alias Pasha absconded and 82-83 proceedings were taken against them and a reward of Rs. 10,000/- for their arrest was announced by the IG, Police, Allahabad range and poster of Lekhraj Yadav was pasted declaring him to be a proclaimed offender. Later on accused Daya Ram @ Palley Dar, Ram Swaroop @ Chintu, Swami Prasad @ Pasha and Bhagat Singh son of Lekhraj Yadav Surrendered in the Court.