- (1.) This criminal revision has been filed against the order dated 26.8.2010 passed by the learned Additional Sessions Judge, Court No.9, Allahabad in S.T.No.153 of 2009 under Sections 302, 120-B, I.P.C., P.S. Dhoomanganj, District Allahabad. The brief facts of the case are that an incident of murder had taken place on 24.9.2008 at about 9.30 a.m. near the residential house of one Shiv Kumar Gupta, which is situated in the jurisdiction of Police Station Dhoomanganj, Allahabad. Complainant of the case is one Deo Raj Singh who is opposite party no.2 herein.
(2.) According to the F.I.R. the deceased Neeraj Singh, alongwith one Deepak Vishwakarma, was going from his residential house towards the residence of Shiv Kumar. The complainant was going behind them and he was at a distance of some 50 yards when he found that the revisionist alongwith co-accused Sheo Kumar Gupta, Deepak Kumar Gupta and Piyush Singh, who were hiding themselves behind the house of S.K.Gupta, all of a sudden, came out and surrounded the deceased. Thereafter, Piyush Singh and Shiv Kumar Gupta caught hold of the deceased and Deepak Kumar Gupta pulled out a revolver and fired point blank at the head of the deceased. At the same time the revisionist, who was holding another pistol in his hand fired at the abdomen of the deceased. A frightened complainant ran towards his son raising an alarm whereupon all the accused persons ran away from the place of occurrence. Neeraj was rushed to the hospital, but he died on his way. An F.I.R. was lodged with the police on the same day at about 10.05 a.m. i.e. just after 35 minutes of the incident. The distance of the police station is said to be about one km. After the registration of the case the investigation commenced and a charge sheet was filed against the revisionist also.
(3.) From the perusal of the records it appears that after filing of the chargesheet the police further investigated the case under Section 173(8)Cr.P.C. and after completion of further investigation the investigating officer, who was conducting such investigation submitted a report under Section 169 Cr.P.C. in favour of the revisionist in the Court of the learned Additional Sessions Judge, Allahabad. In his report under Section 169 Cr.P.C. the investigating officer has said that when he further investigated the case and obtained call details of certain mobile phone he had come to the conclusion that, at the time of the alleged incident, the complainant was not present at the spot, but he was at a distance of some 35 kms. from the place of incident. It should be mentioned here that a charge sheet was filed against the revisionist in the Court of learned C.J.M., Allahabad on 23.12.2008 and cognizance was taken by the learned Magistrate on the same day. It indicates that the supplementary report under Section 169 Cr.P.C. which was filed on 21.4.09 is subsequent to the filing of charge sheet against the revisionist. When the case reached the stage of framing of charges against the accused persons named in the charge sheet, an application and a supplementary application under section 227 Cr.P.C. was moved before the learned trial Judge by the revisionist.;