- (1.) Heard Sri A.K. Sharma, learned counsel for revisionists and learned A.G.A. for State-respondent.
(2.) This criminal revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by order dated 21.06.2004 passed by Special Chief Judicial Magistrate, Agra in Case No. 1913 of 2003 summoning revisionists under Section 307/34 I.P.C.
(3.) The brief facts giving rise to the present case are that a First Information Report was lodged by Virendra Singh, respondent-2 on 29.09.2003 at Police Station Bah, District Agra which was registered as Case Crime No. 437 of 2003 under Sections 307, 506 I.P.C. It was stated in F.I.R. that on 29.09.2003 at about 5:45 P.M., while informant and his father Gyaniram Karuwa were going towards his tube-well from Bah and when they reached near the field of Ram Bihari and Shankar Lal, they came across Vinay alias Neelkanth and Ajay alias Titura, sons of Raj Kumar alias Karuwa, residents of Bada Gaon, Police Station Wah, Agra and their relative Raghunath son of Raghuvir resident of Fatehabad, Agra. When the informant and others crossed accused persons, Raghunath asked Vinay to shoot Virendra. Thereupon Vinay pulled out countrymade pistol from his waist and fired at the informant with intention to kill him which hit in the back. When the informant was running away to save his life, Ajay said, though he has escaped today, he would not be able to escape again.;