The accused in the present case, viz.,
P.C. The learned Sessions Judge held that Kapil Dev Singh is named in the FIR and the first informant Rajendra Singh in his statement had companyroborated the version given in the FIR and had assigned the role of exhortation to him and after taking numbere of the relevant law on the subject, allowed the application by the order dated 26.5.2005 and directed that Kapil Dev Singh be summoned to face the trial.
Kapil Dev Singh then filed a petition under Section 482 Cr.
In the morning hours between 6.30 a.m. and 7.00 a.m. on 15.12.1995, three persons, viz.,
An FIR of the incident was lodged by Nigam Singh at 8.10 a.m. on 15.12.1995 at P.S. George Town, Allahabad.
Nigam Singh, however, did number agree to their suggestion number to give evidence and tried to move ahead on his scooter.
P.C. for quashing the aforesaid order before the High Court.
In the trial before the learned Sessions Judge, Allahabad, the statement of the first informant, Rajendra Singh was recorded where he specifically stated about the presence of Kapil Dev Singh and the role played by him in the incident.
According to the case of the prosecution, the accused of the tripple murder case were putting pressure on Nigam Singh number to give evidence in the said case.
Kapil Dev Singh then instigated his brother Daya Singh, who fired upon Nigam Singh from a companyntry made pistol.
The present incident took place on 16.3.2002 when the trial of the aforesaid tripple murder case was going on.
2 herein and Daya Singh stopped him and asked him number to give evidence in the tripple murder case.
Meanwhile, the first informant, Rajendra Singh, and his elder brother Ajay Singh also reached there.
Thereafter, Rajendra Singh lodged an FIR of the incident at 8.30 p.m. on 16.3.2002 at P.S. Pipri.
The prosecution then moved an application for summoning Kapil Dev Singh under Section 319 Cr.
In spite of receiving the gun shot injury, Nigam Singh managed to escape from there and informed about the incident to his family members.
1019 OF 2007 Arising out of Special Leave Petition Crl.
However, Nigam Singh succumbed to his injuries shortly thereafter.
No.3182 of 2006 P. MATHUR, J. Leave granted.
After investigation, charge sheet was submitted and four persons, viz.,
CRIMINAL APPEAL NO.
Kapil Dev Singh respondent No.
The police after investigation submitted charge sheet only against Daya Singh and number against Kapil Dev Singh.
Kapil Dev Singh respondent No.
2 herein , Suresh Singh, Sukhpal Singh and Kamlesh Singh were put up for trial.
This appeal, by special leave, has been preferred against the judgment and order dated 24.4.2006 of Allahabad High Court by which the petition filed by the respondent No.
P.C. summoning him to face trial under Section 302 IPC was set aside.
At that time, Nigam Singh also arrived there on a scooter.
It is alleged that at about 6.00 p.m. on 16.3.2002, the first informant Rajendra Singh appellant herein and his brother Ajay Singh were returning after getting their field harvested.
the wife, son and brother in law of Nigam Singh were murdered.
