DINESH BABU Vs. STATE OF U P

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C. has been filed by the applicant Dinesh with a prayer to quash the summoning order dated 9.7.2009 passed by Additional District & Sessions Judge Court No. 7 Etah in Sessions Trial No. 829 of 2008 (State v. Ajanti Singh) in Case Crime No. 50 of 2007 under Sections 307/504 IPC, Police Station Sakit District Etah.

(2.) Prosecution case as set up in brief is, that Rajesh Kumar, opposite party No. 2 lodged the FIR on 5.3.2007 at 15.20 hours, with regard to the incident which is alleged to have taken place on 4.3.2007 at 10 o'clock. It is alleged in the FIR, that the complainant was sitting in front of his house to mourn the sad demise of his father, at that time the other persons of his village came near to his house and started dancing and singing. The complainant requested them to stop singing and dancing. On his request, the villagers returned back, but on the same day at 10 o'clock in the night, one Ajanti Singh started to shower filthy and abusive languages. At that moment, the complainant again tried to pacify him, but Ajanti Singh instead of stopping to use abusive and filthy languages exhorted to shoot. On his exhortation, Dinesh Babu who was armed with 12 bore pistol started firing and also threw bricks and stones. On account of firing by Dinesh Babu, Rajesh Kumar, the applicant sustained injuries on his head, palm, shoulder & chest. This incident was witnessed by Ram Babu and Devendra Singh, and on their intervention, his life could be saved. The injured was medically examined on 5.3.2007 at 6.30 p.m. The injury report clearly indicates, that fire arm injuries were sustained by the victim on the various parts of his body. X-Ray was also conducted on 5.3.2007, where radio metallic shadow was found in the finger and chest.

(3.) After the registration of the FIR, police came into motion and recorded statements under Section 161 Cr.P.C. of the witnesses as well as the injured complainant who supported the prosecution version. The Investigating Officer also recorded the statement of some witnesses, who denied the presence of the applicant on the spot at the time of occurrence, and stated that the applicant has falsely been implicated in the aforementioned case, on account of old animosity. Relying upon those statements, the Investigating Officer found the involvement of applicant false and submitted a report, that prima facie no case is made out against the applicant and ultimately on 30.6.2008, closed the investigation against the applicant and the charge sheet was submitted only against the co-accused Ajanti Singh.