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2022 Supreme(All) 424

RAJESH SINGH CHAUHAN
Ashok Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashish Kumar Rastogi, Anita Singh

JUDGMENT :

1. Heard Sri Ashish Kumar Rastogi, learned counsel for the applicant and Sri Rao Narendra Singh, learned AGA for the State.

2. The present applicant is in jail Since 18.6.2021 in Case Crime No. 314 of 2018 u/s 302, 307, 323 IPC, P.S. Gosaiganj, District Lucknow. He has further submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned F.I.R. which is against the four unknown persons who were beating up the husband of the informant mercilessly through sharp edged weapon and batons on 29.5.2018. As per the informant she has seen those persons through the light of torch as the incident is a night occurrence of 9.30 P.M.

4. The police recorded the statement of informant/wife of the deceased on 31.5.2018. Further, the police recorded the statement of eye witness Guddu s/o Guru Prasad u/s 161 Cr.P.C. on 12.1.2019. When the local police could not investigate the matter as no reliable evidences could be collected, matter was transferred to crime branch for further investigation. The crime branch again recorded the statement of eye witness Guddu

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