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Showing contexts for: paras yadav in Jata Shanker Tiwari vs State Of U.P. & Others on 13 April, 2015Matching Fragments
Hon'ble Pramod Kumar Srivastava,J.
(Delivered by Hon'ble Arvind Kumar Tripathi, J.)
1. Mr. R.S.Mishra appeared on behalf of the appellant. Mr. V.P.Srivastava, learned Senior Counsel assisted by Mr. A.K.Yadav appeared on behalf of the accused-respondents. Learned AGA appeared on behalf of the State.
2. The present appeal u/s 372 Cr.P.C. on behalf of the complainant/victim has been preferred against the judgment and order of acquittal dated 14.10.2011 passed by Additional Sessions Judge, New Court No. 2, Jaunpur in Sessions Trial No. 408 of 1999 State Vs. Shyam Narayan Yadav and 6 Others, under Section 302 IPC read with Section 34 IPC in respect of accused-respondents Shyam Narayan Yadav, Ram Lochan Yadav, Paras, and under Section 302 IPC read with Section 120-B IPC against accused-respondents Sant Ram, Vijayee and Ram Ashrey Yadav, arising out of Case Crime No. 429 of 1995 registered u/s 302/34, 302/120B IPC, P.S. Machhalishahar, District Jaunpur.
6. After completing formalities and investigation, charge-sheet was submitted against Shyam Narayan Yadav, Ram Lochan Yadav, Paras, Sant Ram, Vijayee, Naresh, Ram Ashrey Yadav under sections 302, 307, 120-B IPC. Case was committed. Charge was framed under Section 302 IPC read with Section 34 IPC against Shyam Narayan Yadav, Ram Lochan Yadav and Paras and under section 302 IPC read with section 120-B IPC against Sant Ram, Vijayee and Naresh. They denied charges and pleaded for trial.
7. In support of prosecution version, prosecution examined 7 witnesses. PW-1 Jata Shanker Tiwari who lodged F.I.R. and is claiming to be eye-witness. PW-2 Mukesh Chandra Tiwari who is also claiming to be eye-witness. PW-3 Ram Iqbal who is witness of Panchayatnama. PW-4 Dr. Harikant Tiwari who conducted post mortem. PW-5 Shiv Das Singh who was Head Muharir who proved chick report. PW-6 Nihal Prasad who was Investigating Officer. PW-7 Ramniranjan Shukla who proved the document as a secondary evidence in absence of S.H.O. Hence, there are two witnesses of fact PW-1 and PW-2.
10. Considered the submission of learned counsel for the parties and perused the record. Two witnesses of fact PW-1 Jata Shanker Tiwari and PW-2 Mukesh Chandra Tiwari were examined by prosecution who are claiming to be eye-witnesses and according to those witnesses, four accused-appellants Shyam Narain Yadav, Ram Lochan Yadav, Paras and Rajendra fired with countrymade pistol causing fire arm injury to deceased Jawahar Lal and Sahab Lal. According to post-mortem report, there was one wound of entry and one wound of exit were found on body of Jawahar Lal. Apart from one lacerated wound 2 cm x 1 cm. skin deep on lateral part left arm 6 cm. above to left elbow joint, one wound of entry 1 cm. x 1 cm. on left side of forehead 1 cm. above left eyebrow (margin) no blackening and a wound of exit was found on person of deceased Sahab Lal Tiwari 4 cm. x 4 cm. on right side of ankle on chest behind nostril bone. The allegation was against four persons that they fired at deceased. When deceased Sahab Lal tried to run away then accused-appellant Shyam Narayan fired at Sahab Lal who after receiving fire arm injury fell down. When PW-1 and PW-2 challenged accused-respondents, they turned towards them and fired with countrymade pistol, however, no injury was caused.