Rajesh Chandra - (1.) THIS revision has been filed for setting aside the order dated 7.7.2009 passed by Sessions Judge, Jalaun rejecting the prayer of the revisionist for his discharge in S.T. No. 200/2008.
(2.) IN brief the facts of the case are that the first informant Dinesh Kumar Tiwari lodged a report at P. S. Kandaura, district Jalaun on 16.8.2008 at 5.40 p.m. alleging therein that on 16.8.2008 at about 12.30 p.m. accused Kapil Gupta and Kailash Gupta abused Mangal Tiwari and Gaurav. When Mangal Tiwari objected to this, accused Kailash Gupta exorted Kapil to kill Mangal and Gaurav. Kapil thereafter, opened fire upon Mangal Tiwari and Gaurav causing injuries to both of them. Subsequently, Gaurav was declared dead. After registration of case at Crime No. 140 of 2008 for the offences under Sections 302, 307 and 504, I.P.C., investigation ensued and culminated in the filing of the charge-sheet against Kapil Gupta and Kailash Gupta. The Magistrate committed the case to the Court of Sessions where the case was registered as S.T. No. 200 of 2008.
(3.) THE revisionist Kailash Gupta moved an application in the Court of Sessions Judge alleging therein that from the evidence collected during the investigation and the conclusions recorded by the Investigating Officer, it is confirmed that the revisionist Kailash Gupta was not present at the spot and as such there is no evidence against him for framing charges. He requested for his discharge from the case. The learned Sessions Judge after hearing the prosecution as well as revisionist Kailash Gupta rejected the application vide order dated 7.7.2009 and it is against this order that the present revision has been filed.;