UMESHWAR PANDEY, J. - (1.) HEARD Sri Prashant Kumar Singh, learned Amicus Curiae appearing for the accused -appellant and the learned A.G.A.
(2.) THIS jail appeal arises out of the judgment and order dated 30th August, 2001 passed by the Addl. Sessions Judge (Court No. 4), Allahabad. The appellant was charged for the offence punishable under Section 307 read with Section 34 IPC on the allegations that on 17 -10 -1994 the police had received information from certain informer (Mukhbir) that two persons were sitting in suspicious state at the railway crossing near Peer Baba Temple. On this information the police party, headed by the complainant Umesh Chandra Pandey, proceeded for the spot. The police informer was also accompanying them. On their arrival near the aforesaid temple, the informer (Mukhbir) indicated the police party towards the two miscreants, who on getting the clue of the arrival of police became alert.
(3.) AFTER finding themselves surrounded by the police, they took out their country -made pistols. The police party warned them and asked them to stand up, but the miscreants started firing and running towards the railway crossing. While running also the accused persons fired at the police party, but no one was injured. The police apprehended them at the railway line and on enquiry they disclosed their names as Abdul Hussain @ Soni (the appellant) and the second one identified himself as Gulshan. They were taken in custody and on search illicit arms and ammunitions were found from their possession. They were brought to the police station and on the basis on the recovery memo F.I.R. was lodged. After completion of the investigation charge -sheet was submitted in the case, whereupon the accused were committed to the Court of Sessions for trial for the offence punishable under Section 307/34 IPC.;