Anil Kumar Srivastava, J. - (1.) Heard Shri D.R.Shukla, learned counsel for the petitioner, learned AGA and perused the record.
(2.) Instant petition under section 482 Cr.P.C. has been preferred with the prayer to quash the impugned order dated 08.09.2008 passed by the learned Special Judge, S.C/ST Act, Gonda, in Special Sessions Trial No. 9 of 2008, State Vs Pitambar and others, arising out of case crime no. 45 of 2006 under sections 147, 148, 149, 307, 323, 504, 506 IPC and section 3(1) (X) SC/ST Act, Police Station-Kotwali Nagar, District Gonda, whereby the application of the petitioner for discharge has been rejected.
(3.) A first information report was lodged on 8.2.2006 by one Raghavram stating that he looks-after the 21 dismal land of Vikas Mishra in Itiathok Bazar. Raghavram (opposite party no. 2) also purchased 1 dismal land from Vikas Mishra in Gata No. 788/1117, but due to paucity of funds, he could not execute the sale deed. On 4.2.2006, he was going to Gonda by his bicycle for execution of the sale deed. As soon as he moved ahead a while from village Jainagra (police station Kotwali Nagar) at about 1.00 p.m., six persons came on two motorcycles and stopped him at the bank of the road. Pitambar assaulted Raghavram by knife which hit his left shoulder. Ramfer Verma armed with revolver; Devesh armed with hockey; Ganshyam armed with lathi; Nand Kishore alias Nangu armed with hockey and another person armed with hockey, have beaten him in order to kill him and they all threatened him that he should not get the sale-deed executed. On his raising alarm, Srikant and Shaqeel came over there. Assailants ran away from the spot.;