JUDGMENT :

Manju Rani Chauhan, J.

1. Heard Mr. Abhishek Pandey, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

2. The present case has been filed assailing the order dated 13.01.2023 passed by Additional District and Sessions Judge, Deoband, Saharanpur in Session Trial No.56 of 2021 (State Vs. Sunil and others), arising out of Case Crime No.210 of 2018, under Sections 307, 452, 504, 506 I.P.C., Police Station-Deoband, District Saharanpur, by which the Court concerned altered the charge u/s 307 I.P.C. against the applicant, pending before Additional District and Sessions Judge, Deoband, Saharanpur.

3. Brief facts of the case are; an FIR was lodged by opposite party no.2 against three accused persons including the applicant on 04.03.2018 at 23:46 hours, under Sections 307, 504, 506 I.P.C., which came to be registered as Case Crime No.0210 of 2018.

4. As per allegations in the FIR, the informant along with his cousin namely Amit purchased a land from Sudhir Tiwari. A civil suit with respect to the same land is pending in the Court of Civil Judge, Deoband. The family members of Sudhir Tiwari were annoyed by purchase of land by the informant and his cousin, therefore, they were inimical to the informant and his family members. It has further been alleged that on 03.03.2018 at about 11 PM when the informant was returning from Rohana Sugar Mill to his residence on his tractor, a black motorcycle, in which three persons were sitting, having rifle and countrymade pistol in their hands, overtook the informant’s tractor near the railway crossing and fired upon him with intention to kill him. The informant saved his life by jumping from the tractor. The aforesaid incident was witnessed by Amit and Mahipal, who were coming from behind. Seeing them, the accused persons ranaway towards the village after opening fire. The informant managed to reach home and narrated the entire story to his family members. At about 12 O’clock, Sushil, Sunil and Shubham again reached at the residence of the informant and with intention to kill, opened fire with the countrymade pistol and rifle, warning him and threatening to kill him. The second incident was witnessed by Brijesh, Munesh and few others. During investigation, statement of opposite party no.2 has been recorded, who has supported the version of the FIR. Statements of witnesses Brijesh and Munesh have also been recorded in which Munesh has stated about presence of Sushil and Shubham, having rifle and countrymade pistol in their hands at the place of incident.

5. The statements of other witnesses namely, Satish, Sat Kumar, Manoj Kumar, Subhash, Mahipal and Kapil were also recorded. The aforesaid persons have stated that due to some land dispute between the parties, they are inimical to each other and, therefore, for the purpose of pressurising the applicant, the aforesaid F.I.R. has been lodged.

6. During investigation, the Investigating Officer found the implication of Shubham incorrect, therefore, he was exonerated by the Investigating Officer.

7. On the basis of statements of interested witnesses, on 26.07.2018, the Investigating Officer filed charge sheet against the applicant-Sushil, under Sections 307, 452, 504, 506 I.P.C. whereas under Sections 452, 504, 506 IPC against the other accused Sunil.

8. The Additional Chief Judicial Magistrate, Deoband, Saharanpur took cognizance of the aforesaid charge sheet by order dated 23.08.2018. The charge sheet was challenged by the applicant and co-accused Sunil by way of filing application u/s 482 No.11872 of 2019 and the Hon’ble Court vide order dated 30.03.2019 has passed the following order:

“1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet no. 544 of 2018 dated 26.07.2018 as well as cognizance order dated 23.08.2018 and entire proceedings of Case No. 2570 of 2018 (State Vs. Sunil and another), under Sections-307