KABIR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Atul Sharma, advocate, appearing for the applicant and A.G.A. for the State.

(2.) THE allegations made in the F.I.R. lodged on 27.4.2007 by Sri Santosh Kumar s/o Chhattra Pal Singh at P.S. Sasni, district Hathras (Mahamaya Nagar), at Case Crime No. 233 of 2007, in brief, are that the accused-Shabbir, Zameel, Kabir (applicant herein), Hakim and Sullan committed the murder of deceased Chhattra Pal Singh (father of the complainant) by causing injuries by means of firearm on 27.4.2007 at 7.30 p.m.

(3.) FURTHER submission made by learned counsel is that the incident had occurred in the night at about 7.30 p.m. and since there was no source of light, hence there was no occasion for the witnesses to identify the assailants.