In a 26-year-old case relating to an attempt to murder, the prosecutor has termed the son of the complainant — a judge — hostile. This is unprecedented and probably the first instance when an additional district judge of a court in Uttar Pradesh has turned hostile.

The case relates to one R P Jain, who, in an FIR lodged in 1982 in Hapur, had accused four persons — Matroo Mal, son Rajendra, grandson Dinesh alias Vinesh and their servant Baburam — of barging into his house and attacking him and his two sons, including Arvind Kumar Jain, the incumbent Additional District Judge in Bulandshahar court, over the possession of a godown.

When the matter came for a hearing before the before the Special Judge NDPS/ADJ Ghaziabad in 2004, Arvind told the court that he had seen the accused abusing his parents when he and his brother returned to home from the market.

Arvind claimed that his brother objected to it which angered Matroo Mal who attempted to kill his brother with a club. His brother suffered head injuries. When his father tried to save him, Baburam pushed away his father. Arvind also said Dinesh hit him and he too was injured.

Arvind’s statement as prosecution’s witness was recorded under oath on August 2, 2004 and it was concluded on August 9 the same year .The cross examination was also completed.

The case was later shifted to Bulandshahar and thereafter to ADJ Meerut this year on the orders of the High Court, as a relative of Jain was a judge in Ghaziabad and Arvind Jain was posted as a ADJ in Bulandshahar.

... contd.