Atul vs State of U. P. - 2023 Supreme(All) 2251

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2251

GAUTAM CHOWDHARY
Atul – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Rakesh Kumar Srivastava,Rajesh Kumar Srivastava
For the Opposite Party : G.A.,Mohd. Afzal

JUDGMENT

Dr. Gautam Chowdhary, J.

Heard learned counsel for the applicant, learned A.G.A for the State, Mohammad Afzal, learned counsel for the first informant and perused the record.

2. The prosecution story in brief is that on 11.06.2022 at about 08:30 to 09:00 P.M. after receiving the call by son namely, Shivam Sharma on his mobile, his son had gone out, thereafter at about 10:51 P.M. the informant received call from Rohit Nagar, that his son has met with an accident at the farm house situated at Chhoti Nahar, who was taken to hospital, thereafter was declared dead.

3. Learned counsel for the applicant submits that the F.I.R. was registered against unknown person. Applicant's name surfaced in the statement of the Aniket Kumar, the sole eye-witness of the incident.- He further submits that the eye-witness Aniket Kumar has stated that on 11.06.2022 at about 09:00 P.M. he was going to his sister's house on the way, he heard the noise of gun shot from the parked Wagon-R vehicle and when he went to see, he saw that Atul, who is resident of Kanawani, was trying to run away, further he saw that Shivam Sharma sustained gun shot, thereafter, he ran to his village and informed the police. L

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