FAIZ ALAM KHAN,J. - (1.) Heard learned counsel for the appellants as well as Sri C.S. Pandey, learned A.G.A. for the State. The present application has been moved on behalf of appellants under Section 391 Cr.P.C. to grant permission to file additional evidence (copy of statement of informant of this case recorded in other criminal case Gangster Case No. 201 of 2010 State vs. Ram Sajivan Yadav) in the instant criminal appeal.
(2.) Facts necessary for disposal of this application are that Sri Laxmi Narain lodged an FIR on 05.02.2010 at 17.15 at ps kothi District Barabanki stating that when on the same day around 3.00 pm he was returning from Barabanki, and when he reached at Kotwa Mor , accused Guddu @ Saroj, who was driving a Maruti Car bearing registration No. UP 41 A -9494, other accused persons Ram Sajivan,Hanoman and shanker sitting inside, hit the motorcycle on which deceased Jai Narain was sitting. When his brother fell down accused Hanoman and Shanker caught hold the deceased, while accused Ram Sajivan fired at his mouth from point blank range, causing his death instantly.
(3.) Appellants Ram Sajiwan Yadav, Hanoman, Shanker @ Shiv Shanker Verma and Guddu @ Saroj were tried by the trial Court for the offences punishable under Section 302, 307, 504, 506 I.P.C and Section 7 Criminal Law Amendment Act in Sessions Trial No. 544 of 2010 (State of U.P. vs. Ram Sajiwan Yadav & others) arising out of Case Crime No. 66 of 2010 Police Station Kothi District Barabanki. Sri Laxmi Narain informant of this case was testified as prosecution witness no.1 and also supported the prosecution version of the incident.;