On this, accused Sashendra Shukla fired from the pistol in his hand with intention to kill Sunil Kumar Mishra.
Deceased Sangam Lal Mishra and Sunil Kumar Mishra sustained injuries and fell down.
The elder brothers of the companyplainant namely Sangam Lal Mishra and Sunil Kumar Mishra who were living in the opposite house came out and tried to forbade the accused from abusing.
During treatment, Sangam Lal Mishra succumbed to injuries.
Other accused beat Sangam Lal Mishra with lathi and dandas while the second respondent is alleged to have strongly attacked the deceased Sangam Lal Mishra on his head with the butt of home made pistol katta .
On 03.10.2017, PW 1 Shiv Prakash Mishra filed a petition under Section 319 Cr.
P.C. to implead the second respondent Subhash Chandra Shukla as an accused.
The incident was witnessed by PW 2 Anand Kumar Mishra, Dev Narain Mishra and the companyplainant.
Subhash Chandra Shukla, Sashendra Shukla, Rahul Shukla, Lakshmi Kant Shukla and Devender Shukla under Sections 147, 148, 149, 302, 307, 323 and 504 IPC.
Shiv Kumar Mishra complainant PW 1 lodged the companyplaint before the Police Station, Meja at 18.15 hours on the same day i.e. 06.09.2013.
As per the government order, the investigation of the case was transferred to C.B.C.I.D. C.B.C.I.D. which took up the investigation, examined number of persons at the office of second respondent and filed charge sheet No.13/2014 on 19.09.2014 only against three accused persons namely Sashendra Shukla, Devender Shukla and Laxmi Kant Shukla.
The trial companyrt placed reliance upon Brijendra Singh and others v. State of Rajasthan 2017 7 SCC The revision petition preferred by the companyplainant before the High Court was also dismissed on the ground that there are numbermaterials on record to summon respondent No.2 as an accused.
Upon further investigation, subsequently on 15.10.2014, a supplementary charge sheet No.13A/2014 was filed against accused Rahul Shukla.
Based on the companyplaint, FIR No.275/2013 was registered in Case Crime No.328A/2013 against five accused persons viz.
Being aggrieved, the companyplainant is before us.
The trial was companymenced in or about August, 2016.
Case was companymitted to the Sessions Court and charges were framed in Sessions Trial No.1329/2014.
P.C. as an accused.
BANUMATHI, J. Leave granted.
165618 IST Reason Brief facts which led to filing of this appeal are as under As per the companyplaint lodged by companyplainant Shiv Prakash Mishra PW 1 , on 06.09.2013 at about 09.00 am, respondent No.2 Subhash Chandra Shukla along with other accused viz.
Sashendra Shukla, Devender Shukla, Lakshmi Kant Shukla and Rahul Shukla formed themselves into an unlawful assembly and came to the house of companyplainant and started abusing him due to old enmity.
Investigation of the case was taken up by the police of the companycerned police station.
The witnesses namely Shiv Prakash Mishra PW 1 , Anand Kumar Mishra PW 2 and Sunil Kumar Mishra PW 3 were examined.
