- (1.) Shri Amitabh Tripathi, Advocate has filed his vakalatnama on behalf of Opposite Party No.2 today in Court, which is taken on record.
(2.) Heard learned counsel for the revisionist-applicant, learned AGA for the State, Shri Amitabh Tripathi, learned counsel for the Opposite Party No.2 and perused the record. Present criminal revision has been filed against the order dated 19.12.2019, by which application under Section 319 CrPC, filed by the Opposite Party No.2, has been allowed in S.T. No. 364 of 2017 (State Vs. Kanhaiya Lal Yadav and others), arising out of Case Crime No. 134 of 2017, under Sections 308 , 336 , 504 , 506 IPC, Police Station Gwaltoli, District Kanpur Nagar.
(3.) Brief facts of the case are that an FIR was lodged by Opposite Party No.2 stating therein that on 08.06.2017 at about 11:30 in the night, his brother Dhirendra Singh was returning back to his house from the factory, where he used to work. When, he reached near his house, his neighbour Kanhaiya Lal and his son Babu Yadav were mercilessly beating his cow by lathi danda and on being asked to refrain, Kanhaiya Lal, his son Babu Yadav and Rambeti started assaulting him by lathi danda and further, Kanhaiya Lal and his wife Rambeti exhorted that he may not escape alive and be killed and on the said instigation, Babu Yadav, with an intention to kill, hit him by an iron rod on his head and fled away.;