Counter affidavit filed today by learned A.G.A. on behalf of the State is taken on record.
Heard Sri Sunil Kumar Yadav, learned counsel for the revisionist along with Dr. C.P. Upadhyay, learned counsel for the opposite party nos. 2 to 5 and Ms. Anita Srivastava, learned A.G.A. for the State and perused the record.
This criminal revision has been filed against the judgment and order dated 20.8.2011 passed by the learned Special Judge (Dacoity Affected Area) Court No.4, Firozabad in Special Session Trial No. 184 of 2008 (State vs. Viresh Chandra and others) in Crime No. 252 of 2003, under Sections 307 and 504 I.P.C., Police Station- Eka, District- Firozabad, whereby the learned Additional Session Judge (Dacoity Affected Area), Court No.4, District- Firozabad has dismissed the application no. 93-A of the informant (revisionist).
The facts of this case in narrow compass are that on 22.11.2003, one Prabhu Dayal @ Prasadi Lal has submitted a written application before the Station Officer, Police Station- Eka, District- Firozabad alleging therein that informant Prabhu Dayal s/o Ishwar Prasad Jatav, original resident of Qasba and Police Station- Eka, District Firozabad on 21.11.2003 at about 5:00 P.M. due to previous enmity of the land dispute; when the informant, his son Veenu, nephews Ratnesh Kumar, Jitendra Singh and Ramu, all sons of Kisan Lal and daughters Km. Neelam and Km. Neeraj and wife were working in the fields for extraction of mustard oil and threshing of wheat at that time accused persons (i) Viresh Chandra s/o Ramesh Mishra wielding DBBL gun 12 bore of his brother-in-law, (ii) Ved Prakash son of Ramesh Chandra wielding his licensed rifle (iii) Jai Jeevan Ram @ Santosh Kumar s/o Ram Chandra wielding knife (iv) Rakesh Kumar s/o Pachram Singh Vari wielding 12 bore SBBL licensed gun of Summer Singh s/o Baburam reached at the fields of the informant with common intention and abused the informant and his family members using casteist remarks and started indiscriminate firing with intention to kill the informant and his family members. The informant and his family members tried to flee away from the scene. Piyush s/o informant, Ratnesh Kumar and Jitendra Singh, nephews of the informant were apprehended and the accused persons inflicted injuries with the knives. Due to which Veenu s/o informant and his nephews received grievous injuries. The F.I.R. was lodged on 23.11.2003 at about 5:30 hours.
Learned counsel for the opposite party nos. 2 to 5 has vehemently argued that this case is at the stage of prosecution evidence and it would be too late to allow this revision. He has also pointed out that several technical difficulties may crop up if this revision is allowed.
The facts of the F.I.R. reveal that the casteist remarks were hurled by accused persons intentionally to insult and humiliate the informant and his family members. Learned Special Judge (Dacoity Affected Area), Court No.4, District- Firozabad has erroneously recorded the impugned findings dated 20.8.2011 which is liable to be set aside.
The criminal revision is, accordingly, allowed.
The impugned judgment and order dated 20.8.2011 passed by the learned Special Judge (Dacoity Affected Area) Court No.4, Firozabad in Special Session Trial No. 184 of 2008 (State vs. Viresh Chandra and others) in Crime No. 252 of 2003, under Sections 307 and 504 I.P.C., Police Station- Eka, District- Firozabad is hereby set aside.
Learned Special Judge (Dacoity Affected Area) Court No.4, Firozabad is directed to adjudicate the matter afresh, in accordance with law, after hearing both the parties within a month from the date of production of a certified copy of this order.
Order Date :- 6.9.2016 Atmesh