K.N. Sinha, J. - (1.) Heard learned counsel for the applicant and learned A.G.A.
(2.) The brief facts, giving rise to the present application, are that a F.I.R. was lodged by one Sripat Rai on 30.10.2001. On 30.10.2001, at about 6.30 P.M., his son Uma Kant Rai was coming along with Lal Chandra and when they reached near village Bahadurpur, two persons appeared and fired shot on Uma Kant Rai. The assailants were not known hence none was named in the F.I.R. During investigation, statement of witnesses were recorded and name of applicant came therein. According to the investigating officer, the involvement of the applicant was under Section 120-B Indian Penal Code and offence under Section 302 Indian Penal Code was made out against non applicant Dudh Nath Yadav and Kanhai Yadav. The charge sheet was submitted. The case against Dudh Nath Yadav and Bhola Singh was committed to the sessions court. The sessions trial No. 613 of 202 proceeded in the court of Sessions Judge, Azamgarh. Sri Pat Rai who is said to be the informant of the case, did not support the prosecution case and was declared hostile. The eye witness Lal Chandra also did not support the case and was declared hostile. According to prosecution story, the deceased was going along with Lal Chandra. Only Lal Chandra can be the eye witness at the time of occurrence. As there was no evidence, the trial of co-accused ended in acquittal. The case of the applicant was separated by order dated 14.11.2002.
(3.) Learned counsel for the applicant has submitted that there is no chance of conviction of the applicant if the trial proceeds, as the main accused who was said to be accused under Section 302 Indian Penal Code, has been acquitted.;