Mool Chand Pandey and others vs State of U.P. and another

Ashwani Kumar Singh, J .

By means, of this petition under section 482 Cr.P.C, the petitioners have prayed for quashing of the proceeding of Session Trial No. 15 of 2004, under sections 307/34, 308, 323 and 341, IPC, P.S. Maudaha, District Hamirpur and set aside the charge framed by the Additional Sessions Judge, Court No. 2, District Hamirpur.

The submission of learned Counsel for the applicants is that there is evidence to the effect that no firearm was used, as such, no case under section 308 IPC is made out. However, learned Counsel for the State submits that there is ample evidence on record, which reveals the complicity of the applicants and it is for the Trial Court to evaluate and appreciate the evidence on record and proceed with the case in accordance with law.

I have considered the submissions of the learned Counsel for the parties and perused the entire record of the case.

In the facts and circumstances of the case, no interference is called for, accordingly, the petition under section 482, Cr. P.C. is dismissed. However, it is provided that the Trial Court, after evaluating the evidence adduced by the witnesses, may pass the judgment and order, in accordance with law.