PRADEEP KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri I.K.Chaturvedi, learned counsel for the revisionist, Sri Kamal Krishna, learned Senior Counsel assisted by Sri Uday Shankar Tiwari, learned counsel for the opposite party nos. 2 to 8, learned AGA for the State at length and perused the record.

(2.) Submission made by counsel is that the revisionist Pradeep Kumar Tiwari lodged an FIR on 08.07.2016 at 6.30 a.m. for the incident said to have been taken place during 07.07.2016 and 08.07.2016 at unknown time against:-

(3.) The said FIR was registered as case crime no. 568 of 2016, under Sections 147 , 148 , 149 and 302 IPC with the prosecution story that the revisionist/informant is permanent resident of village Dudhaura (Katri), P.S. Kaptanganj, Basti leaving behind his parents and younger son Ashutosh at village. During intervening night of 7/8 July 2016, his father Ram Chandra Tiwari was assaulted by all the named eight accused persons with their respective weapons, namely, knife and sabbal etc., Out of fear the informant's mother and son could not raise any alarm but they have witnessed the incident. After getting the information the applicant reached on the spot and then the dead body of his father was lying outside the house. The FIR further reveals that there was long drawn animosity with regard to some landed property between the son of the deceased and the assailants and this might be a cause of this crime. From the aforesaid text of the FIR the following silent factors have surfaced:-