ANGURI DEVI Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) At the request of the learned counsel for the parties, this Cr. M. P. No. 160/2006 is heard finally at the stage of admission.

(2.) This Cr.M.P. No. 160/2006 is directed against the order dated 31.8.2006 passed by the Addl. Sessions Judge, Jashpur in criminal revision No. 20/2005 affirming the order dated 2.8.2005 passed by the Chief Judicial Magistrate, Jashpur in criminal case No. 113/2003 whereby the Chief Judicial Magistrate in exercise of powers conferred under Section 319 of Cr. P. C. ordered impleading Anguri Devi, the applicant herein as an accused, upon an application filed by the D.P.O. on 14.7.2005.

(3.) Brief facts are that on 7.10.2002, one Rajendra Prasad Agrawal lodged the F.I.R. in P.S. Patthalgaon against Harkesh, Dinesh, Rakesh and the present applicant Anguri Devi. In the said F.I.R., it has been clearly mentioned that Anguri Devi participated in the assault on Rajendra Prasad Agrawal and was present at the time of occurrence. The presence of Anguri Devi at the scene of occurrence is also borne out from the case diary statement of Gopi Ram though he stated that she was present but did not participate in the commission of crime. In his testimony, Rajendra Prasad Agrawal PW-1 deposed in para 2 that during the occurrence, Anguri Devi came to the spot, caught hold of his right hand while Dinesh caught hold of his left hand and thereafter Rakesh assaulted him by a 'lathi'. This statement was wholly unrebutted in cross-examination. Not a single question was asked to Rajendra Prasad Agrawal to show that Anguri Devi was not present at the scene of occurrence.