Premveer vs State of Uttarak - 2023 Supreme(UK) 219

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 219

RAVINDRA MAITHANI
Premveer – Appellant
Versus
State of Uttarak – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Girish Chandra Lakhchaura, Advocate
For the Respondent: Mr. B.P.S. Mer

JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to the order dated 22.12.2022, passed in Session Trial No. 43 of 2021, State v. Premveer and others, by the court of Additional District and Sessions Judge, Ramnagar, District Nainital (“the case”). By it, the application filed under Section 311 of the Code of Criminal Procedure, 1973 by the revisionist has been rejected.

2. Heard learned counsel for the parties and perused the record.

3. The case is based on an FIR lodged on 13.04.2021 by the respondent no.2. According to it, on 13.04.2021, at 02:40 A.M., the applicant knocked at the door of the informant. As soon as the father of the informant opened the door, the revisionist fired at him, which was witnessed by informant and his mother.

4. During trial of the case, statement of PW 2 Smt. Malti Devi, mother of the Informant was recorded. Thereafter, under Section 311 of the Code was filed by the revisionist specifically indicating that following questions are to be asked from PW 2 Smt. Malti Devi :-

(i) What was the length of the gun in feet?

(ii) From what distance, the applicant fired?

(iii) Whether any source of light was available outside the gate?

(iv) What was t

Click Here to Read the rest of this document