RAM PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) In respect of an incident which took place on 1 st October, 2006, in the day time at about 1.00 p.m., Kamlesh Singh (PW 1) lodged a complaint before the Station House Officer, Police Station Sitapur, U.P, alleging that while his younger brother, Brijesh Kumar Singh alias Bablu Singh along with his brother-in-law Manvender Singh, was going on foot towards Mani Chauraha through Gupta Colony at Sitapur, U.P, the accused persons, in a planned manner with common intention, attacked the deceased and Manvender Singh. On account of such assault, Brijesh Kumar Singh died on the spot and Manvender Singh also sustained injuries. On completion of investigation, the Investigating Officer filed a challan against the accused persons on 22nd October, 2006, under Sections 307, 302 read with Section 120-B IPC and the matter was, thereafter, committed to the Sessions Court for trial.

(3.) On 19th June, 2007, the deposition of Kamlesh Singh (PW.1) was recorded by the learned Sessions Judge, Sitapur. The said witness reiterated the statements which had : been made by him in the First Information Report. It also appears that on the same day, Kamlesh Singh filed an application under Section 319 Cr-P.C. before the learned Sessions Judge, Sitapur, for summoning the appellants herein to face trial in respect of the said incident. The said application was dismissed by the learnedAdditional Sessions Judge on 5th July, 2007, and against such order of dismissal, Kamlesh Singh filed Criminal Revision No.413 of 2007, which was disposed of by the High Court on 29th August, 2007, by setting aside the impugned order and directing the trial Court to pass a fresh order in the light of the observations made in the order of the High Court.