JAGAR NATH SINGH Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-11-40
HIGH COURT OF ALLAHABAD
Decided on
November 19,2015
JAGAR NATH SINGH
Appellant
VERSUS
State of U.P. and Ors.
Respondents
JUDGEMENT
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(1.) Heard Sri G.S.Chaturvedi, learned Senior Advocate, assisted by Sri Ajay Srivastava, Sri Dileep Kumar, Rajeev Gupta and Rajrishi Gupta for applicant, Sri V.P.Srivastava, Senior Advocate assisted by Sri Suraj Kumar Singh, Viresh Misra, Senior Advocate, assisted by Sri D.K.Singh, Sri P.K.Singh, Sri Sudist,Suraj Kr. Singh for respondent nos. 2 and 3 and learned AGA for the State.
(2.) Three persons were murdered and three other persons injured in indiscriminate firing in an alleged incident occurred about 24 years back. The informant Ataur Rehman lodged an First Information Report (in short, FIR) alleging that he was carrying communist party leaders Surendra Rai, Rameshwar Rai, Surya Nath Singh, and Kamla Singh in the jeep of Afzal Ansari, former Member of Legislative Assembly (in short, M.L.A.), from Mohammadabad constituency. The jeep was stopped near Kudesar Chatti. Suddenly a Maruti van stopped nearby which contained four armed persons apart from its driver. They jumped out of the vehicle and opened indiscriminate fire from rifle, gun and automatic rifle. Ataur Rehman ran away from the spot but one Jhingru Sahu sleeping nearby was hit. The occupants of the jeep were also injured in this incident. Three persons, namely, Jhingru Sahu, Kamala Singh and Surendra Rai died and three persons namely, Deena Nath Rai, Rameshwar and Jagar Nath Singh (applicant) sustained injuries.
(3.) Subsequent to investigation, names of Brijesh Singh, Tribhuwan Singh, Uma Kant Singh and Satendra Kumar Singh surfaced as perpetrators of crime. The charge-sheet was filed against all of them. But, accused-assailants Brijesh Singh and Tribhuwan Singh absconded. In fact, a financial reward of Rs. five lacs was announced on Brijesh Singh but he could not be apprehended. Accused Brijesh Singh was also involved in another murder case, in which he was granted parole by this Court but he never came back from parole and remained absent for almost 24 years. Brijesh Singh was arrested in Orissa by Special Force of Delhi Police. Subsequently Tribhuwan Singh was also arrested.;
(2.) Three persons were murdered and three other persons injured in indiscriminate firing in an alleged incident occurred about 24 years back. The informant Ataur Rehman lodged an First Information Report (in short, FIR) alleging that he was carrying communist party leaders Surendra Rai, Rameshwar Rai, Surya Nath Singh, and Kamla Singh in the jeep of Afzal Ansari, former Member of Legislative Assembly (in short, M.L.A.), from Mohammadabad constituency. The jeep was stopped near Kudesar Chatti. Suddenly a Maruti van stopped nearby which contained four armed persons apart from its driver. They jumped out of the vehicle and opened indiscriminate fire from rifle, gun and automatic rifle. Ataur Rehman ran away from the spot but one Jhingru Sahu sleeping nearby was hit. The occupants of the jeep were also injured in this incident. Three persons, namely, Jhingru Sahu, Kamala Singh and Surendra Rai died and three persons namely, Deena Nath Rai, Rameshwar and Jagar Nath Singh (applicant) sustained injuries.
(3.) Subsequent to investigation, names of Brijesh Singh, Tribhuwan Singh, Uma Kant Singh and Satendra Kumar Singh surfaced as perpetrators of crime. The charge-sheet was filed against all of them. But, accused-assailants Brijesh Singh and Tribhuwan Singh absconded. In fact, a financial reward of Rs. five lacs was announced on Brijesh Singh but he could not be apprehended. Accused Brijesh Singh was also involved in another murder case, in which he was granted parole by this Court but he never came back from parole and remained absent for almost 24 years. Brijesh Singh was arrested in Orissa by Special Force of Delhi Police. Subsequently Tribhuwan Singh was also arrested.;
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