Bhola Yadav vs State of U. P. - 2023 Supreme(All) 2671

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2671

SYED AFTAB HUSAIN RIZVI
Bhola Yadav – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Revisionist :Sharad Chand Rai and Shri Krishna Mishra Advocates.
For the Opposite Party :G.A.,Janardan Mishra and Rajni Kant Chaube Advocates.

JUDGMENT

Syed Aftab Husain Rizvi, J. - Heard learned counsel for the revisionist, learned counsel for opposite party no.2 as well as the learned A.G.A. and perused the material placed on record.

2. The revisionist, by way of filing the present revision, has sought to quash the impugned judgement and order dated 15.05.2019 passed by Additional Session Judge/Special Judge (POCSO Act), Court No.8, Allahabad in Session Trial No.793 of 2015 (State v. Lallu Ram and others) arising out of Case Crime No. 273 of 2015 under Section 302 I.P.C., Police Station Handiya, District Prayagraj/Allahabad. By the impugned order, learned trial court, on an application filed by the prosecution under Section 319 Cr.P.C., has summoned the revisionist to face trial with co-accused, Lallu Ram.

3. An F.I.R. was lodged on 22.06.2016 alleging therein that today father of complainant, Jagmal Prasad was returning from Allahabad,on the way, at 5.30 p.m. when on his Vikki motorcycle, he reached near Village Chaknandu Nahar Puliya, Lallu Ram Yadav and Bhola Yadav due to old enmity opened fire on the head of Jagmal Prasad by a country-made pistol. He died on spot. At the same time, Samar Bahadur, brother and Ram Pras