Judgment

S.B. Sinha, J.

1. Leave granted.

2. On the basis of a fardbeyan of one Bihari Singh, a First Information Report was registered against seven persons for commission of offences under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act as well as under Section 3/4 of the Explosive Substance Act inter alia alleging that on 24.10.2000 at around 4 p.m. when he along with one Ajay Singh was sitting in his shop near bus stand, Nagendra Choubey, Mukesh Choubey, Pradeep Vishwakarma, Sharvan Vishwakarma, Suraj Singh, B.N. Singh and Arbind Singh came in two vehicles and started firing. Appellant No. 1 was specifically named therein. In the said incident, the complainant and Ajay Singh suffered fire arm injuries. When the people started assembling there, accused persons fled away. The motive for commission of the offence was said to be the murder of one Jagdev wherein the complainant and the said Ajay Singh were accused. The first informant was taken to the hospital and died on 25.10.2000. He gave a dying declaration which was treated to be the First Information Report.

3. Indisputably, no charge sheet was filed against the appellants. No cogniza