RAJESH RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The matter was heard yesterday in the presence of Sri Satish Trivedi for the applicant, Sri J.S. Senger for the complainant and the learned AGA for the State.

(2.) The applicant Rajesh Rai stood prosecuted on the basis of an FIR lodged by Sri Shambhu Nath Chopra, an advocate on this High Court, on 27-5-1997 at Civil Lines Police Station Allahabad. It was stated in the FIR which was lodged at 9.50 p.m. that at 9.45 p.m. that night he was attacked by some goondas outside his office near Yatrik Hotel. It was stated, naming the applicant and one Atiq, that the complainant was assaulted by them with hockey-sticks and lathis with a view to kill him. In the F.I.R. a prayer was made to the police for protection of his life and property and for restoration of possession of his office. It was alleged that the goondas wanted to take forcible occupation of his office.

(3.) The learned counsel for the applicant referred to the injury report of the learned advocate to say that the injuries were all abrasions and contusions caused by a blunt object and not a single of them was on any vital part and thus the intention to kill could not be inferred even though the story of assault was prime facie accepted.