AMIT JOGI Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 24-3-2006 passed Shri Shiv Mangal Pandey, learned 3rd Additional Sessions Judge, Ratpur in Sessions Trial No. 329/2005 whereby the application under Section 319 Cr. P. C. filed by Amit Jogi, the applicant No. 1 herein, to add Reginald Jermiah P. W. 85 as an accused, was rejected.

(2.) Brief facts are that the 4 applicants herein along with 25 others are facing trial for offences punishable under Section 302 read with Sections 120-B, 427 read with Section 34 I. P. C. and under Sections 25/27 of Arms Act. On the date of filing this criminal revision, as many as 96 witnesses had already been examined by the prosecution. It is alleged by the prosecution that Amit Jogi, the applicant No.1 herein, hatched a criminal conspiracy to eliminate prominent N. C. P. leader Ramavatar Jaggi in furtherance of which Chiman Singh, the applicant No.4 herein, committed murder of Ramavatar Jaggi.

(3.) During trial, Reginald Jermiah was examined as prosecution witness number 85 on 16-3-2006 and was cross-examined on 17-3-2006. On 26-3-2006 an application was moved on behalf of Amit Jogi, the applicant No.1 herein, that the statement of Reginald Jermiah P. W. 85 established that he actually participated in the alleged criminal conspiracy to murder Ramavatar Jaggi. Thus, an offence under Section 302 read with Section 120-B. I. P. C. was clearly made out against Reginald Jermiah. It was, therefore, prayed that in exercise of the powers under Section 319 Cr. P. C. Reginald Jermiah be added as an accused in Sessions Trial No. 329/2005.