RAM NIHORE Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Mishra, J. This revision has been filed by the complainant for setting aside the order dated 9-8-84 passed by III Additional Sessions Judge, Varanasi per mitting the withdrawal of the prosecution and discharging the accused under Section 302/34,i. P. C.-

(2.) THE complainant has filed copy of the application moved by the Assistant Public Prosecutor for withdrawal of the prosecution which indicates that the State Government had permitted withdrawal of the prosecution. It has been alleged in the application that Jhalai had stated that Radhey Shyam was cleaning country-made pistol but accidentally it got fired. He had also stated that Kamal Kumar was also cleaning the country-made pistol and fur ther at the time when Radhey Shyam died Sukhu and his son Lallan were warming themselves at the house of witness Jhalai and Vijai had gone for easing.

(3.) THE learned Additional Sessions Judge has not based his order on the first ground viz. some witnesses stated that Radhey Shyam was accidentally hit by the fire. In the impugned order the learned Additional Sessions Judge observed that C. I. D. Inspector examined a number of witnesses out of whom Jhalai Shanker, Rajju, Bhola, Rishimuni, Mangru, Sumeru and Lallu have not supported the prosecution case. He however, clarified that Ram Nihore, the complainant, and his other family members have supported the prosecution case. Thus the learned Addi tional Sessions Judge has not accepted the opinion of the A. P. O. that the withdrawal should be permitted on the ground that of the witnesses have stated that Radhey Shyarn was accidentally hit by the fire.