HON'BLE SHEO KUMAR SINGH,J. - (1.) The main controversy involved in the present revision is as to whether by exercising the powers vested under Section 397 read with Section 401 of Cr.P.C. 1973 this court can re-appreciate and re-assess the evidence recorded by trial judge whereby the accused have been acquitted from the charges levelled against them and to convert the finding of acquittal into order of conviction.
(2.) The story as narrated in this revision is that the deceased and the accused inherited the common ancestor from late Ram Kumar Singh who had three sons namely Jai Singh, Krishna Pal Singh sand Ravindra Pratap Singh. Ravindra Pratap Singh has one son Shekhar Singh who is named as accused in the present case. Krishna Pal Singh had three sons namely Balendu Bhushan Singh, Shashi Bhusan Singh and Gyanendra Singh. Shashi Bhusan was shot dead at about 10.15 A.M. on 25.11.1997 in the campus of M.D.P.G. college, Prtapgarh. The prosecution story reveals that Sekhar Singh is the real cousin of deceased Shashi Bhushan and before three or four years prior to the incident, Shashi Bhushan had given three or four slaps to named accused Shekhar Singh due to certain property dispute and on 25.11.1997 at about 10.15 A.M. when the deceased and his brother Gyanendra visited to the college for the purpose of admission, Shekhar Singh fired from behind a pillar through a pistol resulting the death of Shashi Bhushan.
(3.) While the defence story reveals that there were certain quarrel between different group of boys called Romios, who had fallen out with each other and due to rivalry, the present incident took place and the deceased was shot dead by the different group of Romios, but the present accused were named in the first information report due to enmity and property dispute.;