KASHI NATH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. This application under Section 482, Cr. P. C. has been filed by the present applicant for quashing the proceedings in Case Crime No. 17 of 1996 under Sections 147,148,149,325,323,336, 504, 506, 109 and 307, IPC, P. S. Kotwali, District Basti. Investigation resulted in a charge-sheet upon which Criminal Case No. 23 of 1996 has been started before the CJM, Basti. On the presentation of this application, an interim order was passed on 16-9-1996 staying the further proceed ings in the criminal case and the interim order stood extended from time to time and is in operation even now.

(2.) INITIALLY a charge-sheet No. 66 of 1996 was submitted in which Section 307, IPC was not mentioned. But subsequently, a supplementary charge-sheet was added whereby an offence under Section 307, IPC has also been alleged. In the initial charge-sheet 8 persons were named but in the supplementary only the present applicant was shown to be involved for the offence under Section 307 IPC. It was urged on behalf of the applicant that he was not at all present in the village on the date of inci dent and the gun allegedly used by the applicant had been deposited at the police station prior to the alleged incident. It was urged further that even on the face of the averments, no case under Section 307, IPC was made out.

(3.) THERE is, however, sufficient force in the argument that even a prima facie reading of the FIR and the materials in the case-diary did not make it a case under Section 307, IPC. The learned Counsel took me through the text of Section 307, IPC as also through the statements of the witnesses to highlight his point that admit tedly the applicant had made blank fires in the air and this itself negatives the theory of intention to kill.