- (1.) Revisionist, Ram Babu Kurmi has preferred this criminal revision against the order dated 14.7.2008 passed by the Additional Sessions Judge/ Special Judge, (SC/ST Act) in Special Session Trial No. 33 of 2008 (State Vs. Ram Babu Kurmi), Case Crime No. 162 of 2008 under Section 307 IPC and 3(2)(5) SC/ST Act P.S. Kotwali, District Fatehpur whereby the learned Special Judge rejected the discharge application filed by the revisionist and has framed the charges under Sections 307 IPC and 3 (2) (5) SC/ST Act.
(2.) Prosecution story in nutshell is that the revisionist, Ram Babu Kurmi along with Upendra Kurmi who were armed with country made pistol (Katta) hit fired upon the complainant and one Rajendra Kumar when they were going on cycle to village Malaka at 9:00 p.m. Ram Babu Kurmi fired upon the first informant Jagdish Varma and such fired by Upendra had hit Rajendra Kumar. Both injured were suffered from fire arm injuries on hip and thy respectively. On this report FIR was registered in a Crime No. 162 of 2008 under Section 307 IPC and 3(1) (10) SC/ST Act. After investigation charge sheet was submitted against the revisionist under Sections 307 IPC and 3(2)(5) SC/ST Act by the police. Revisionist has moved the application under Section 227 Cr.P.C. for discharge on 1.7.2008 on the ground that no offence under Section 307 IPC and 3(2)(5) SC/ST Act is disclosed and in absence of necessary ingredients, no offence is made out even if entire prosecution evidence is taken at its face value. Learned Special Judge after hearing the application rejected the application on 14.7.2008. Feeling aggrieved, the revisionist has filed this revision.
(3.) I have heard learned counsel for the revisionist, learned AGA and perused the record.;