STATE OF U.P. Vs. BIJMA YADAV

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi, Senior Advocate assisted by Ms. Soumya Chaturvedi, Advocate appearing on behalf of the accused-Udai Bhan Karwariya, Sri Manish Goyal, Additional Advocate General assisted by Sri A.K. Sand, Additional Government Advocate appearing on behalf of the revisionist-State and Mrs. Swati Agrawal Srivastava, learned counsel appearing on behalf of opposite party-Smt. Bijma Yadav.

(2.) By the order dated 10th December, 2018 learned VIth Additional Sessions Judge, Court No.5, Allahabad refused to grant consent for withdrawal of accused from prosecution relating to Sessions Trial No.799 of 2014 arising out of Case Crime No.515 of 1996. To question correctness of the order aforesaid, a revision petition is preferred on behalf of the State of Uttar Pradesh and a Criminal Misc. Application U/s 482 Code of Criminal Procedure, 1973 is preferred by accused Udai Bhan Karwariya.

(3.) The facts necessary to be noticed for adjudication of both the matters are that on 13th August, 1996 at about 8.45 pm a first information report was lodged at Police Station Civil Lines, Allahabad at the instance of Sri Sulaki Yadav relating to offence under Sections 147, 148, 149, 302, 307 Indian Penal Code and Section 7 of Criminal Law Amendment Act. As per the averments contained in the first information report, Sri Jawahar Yadav @ Pandit a former Member of Legislative Assembly and brother of the informant Sulaki Yadav had enmity with Sri Kapil Muni Karwariya and his other family members. Sri Kapil Muni Karwariya and his other family members on account of the enmity wanted to kill Sri Jawahar Yadav @ Pandit. Apprehending threat to life, Jawahar Yadav demanded security from the administration. The informant Sulaki Yadav too used to take care of his brother. On 13th August, 1996 at about 6.30 pm Jawahar Yadav was on way to his house situated at 28/38 Lowther Road. He was in a Maruti car bearing registration no.UP 70 E 3479. The car was driven by Sri Gulab Yadav, Jawahar Yadav was sitting next to the driver and one Sri Kallan Yadav was sitting on a rear seat behind Jawahar Yadav. The informant Sulaki Yadav was following the Maruti car in a vehicle "Tata Sumo" that was driven by Lochan Yadav. One Abhimanyu was also accompanying him. At about 7.00 pm while passing from the Palace Talkies, a Jeep intercepted the Maruti car and in the meanwhile, a white Maruti Van overtook the car in which Jawahar Yadav was sitting. At that time some noise of exhortation was heard. Gulab Yadav the driver tried to speed up his car but a Jeep wherein accused Ram Chandra Tripathi @ Kallu armed with a rifle, Kapil Muni Karwariya, Suraj Bhan Karwariya, Udai Bhan Karwariya and Shyam Narayan Karwariya @ Moula all armed with AK 47 rifles were sitting, hit the Maruti car and on the exhortation of Moula indiscriminate firing was made on the Maruti car. As a consequence, Jawahar Yadav, Gulab Yadav, Kallan Yadav and one passer on the road received gun shot injuries. The informant Sulaki Yadav and other persons raised alarm for rescue and at that time the accused fled from the spot of occurrence in their vehicle. On account of the incident, an atmosphere of terror existed in the area concerned and all the shops around were shuttered down. On going close to the Maruti car, Sulaki Yadav found that his brother Jawahar Yadav and driver Gulab Yadav had died and the passer who also received firearm injuries lost his life. Kallan Yadav received injuries. The entire incident as per the informant was witnessed by several persons including the persons accompanying him and one Sri Rajendra Kumar S/o Shaym Lal. No one among the other persons was ready to speak anything looking being afraid of Kapil Muni Karwariya and his brothers. Kallan Yadav was taken to the hospital and then the police authorities were approached.