PURUSHOTTAM ALIAS PICHHARU Vs. STATE OF CG

JUDGEMENT

(1.) THIS Criminal Revision is directed against the judgment dated 19.4.2006 passed by 1st Additional Sessions Judge, Ambikapur, District Surguja in Sessions Trial No. 270/2004 {State of Chhattisgarh Vs. Bhokta and others) whereby the applicant herein was, in exercise of powers under Section 319 Cr.P.C, impleaded as a co-accused for an offence punishable under Section 148 & 302 read with Section 149 of the I.P.C.

(2.) BRIEF facts are that Bhokta and six others were facing trial for offences under Section 148 & 302 read with Section 149 I.P.C. before the 1st Additional Sessions Judge, Ambikapur, Surguja in Sessions Case No.270/2004 for committing rioting and murder of Phuleshwar @ Feku in furtherance of common intention of their unlawful assembly on 7.3.2004 in village Belkharikha, P.S. Darima. F.I.R. was lodged by Binesh Marawi (P.W. 1) against the aforesaid accused persons. The applicant herein was not named in the F.I.R. as also in the statement under Section 161 Cr.P.C. by the witnesses for assaulting Phuleshwar @ Feku at the. time of occurrence. The prosecution examined as many as 17 witnesses. The evidence of the prosecution was closed and after hearing final arguments the Sessions Trial was fixed for judgment on 31st March 2006. On 31.3.2006, an application was moved by the prosecution under Section 319 Cr.P.C. to implead the applicant herein as an accused on the ground that prosecution witnesses Binesh Marawi (P.W. 1), Ghuneshwari (P.W.3), Gupta Prasad (P.W.4), Chhotu (P.W.5) and Smt.Teejo Bai (P.W. 14) clearly impleaded Pichharu @ Purushottam, the applicant herein as not only being present at the time of occurrence but to have actively participated in the assault on the deceased-Phuleshwar @ Feku. It was, therefore, prayed that the applicant herein should also be impleaded as an accused.

(3.) PURSUANT to the filing of Criminal Revision against the impugned order by the present applicant and in compliance of the order dated 20.6.2006 passed by this Court, wherein reliance was placed on Shashikant Singh Vs. Takeshwar Singh & Another1, the learned trial Judge delivered judgment against the accused persons and convicted all the seven accused persons for offences under Section 148 and 302 read with Section 149 I.P.C. while also convicting accused Hariha @ Baishakh under Section 323 I.P.C.