JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. In respect of an incident which took place on 1st October, 2006, in the day time at about 1.00 p.m., Kamlesh Singh (PW.1) lodged a complaint before the Station House Officer, Police Station Sitapur, U.P., alleging that while his younger brother, Brijesh Kumar Singh alias Bablu Singh along with his brother-in-law Manvender Singh, was going on foot towards Mani Chauraha through Gupta Colony at Sitapur, U.P., the accused persons, in a planned manner with common intention, attacked the deceased and Manvender Singh. On account of such assault, Brijesh Kumar Singh died on the spot and Manvender Singh also sustained injuries. On completion of investigation, the Investigating Officer filed a challan against the accused persons on 22nd October, 2006, under Section 307, 302 read with Section 120-B IPC and the matter was, thereafter, committed to the Sessions Court for trial.

3. On 19th June, 2007, the deposition of Kamlesh Singh (PW.1) was recorded by the learned Sessions Judge, Sitapur. The said witness reiterated the statements which had been made by him in the First Information Report. It also appears that on the same day, Kamlesh Singh fi