JAGBIR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal revision has been preferred against the order dtd. 23/8/2021, passed by the First Additional Sessions Judge, Udham Singh Nagar, whereby the application under Sec. 319 of the Code of Criminal Procedure, moved by the prosecution, has been allowed and the revisionist has been summoned by the trial court as an accused to face trial along with other accused persons for the offences under Ss. 147, 148, 307, read with Sec. 149 IPC and Sec. 302 read with Sec. 149 IPC.

(2.) Facts, in brief, of the case are that on 7/1/2018, respondent no. 2 Angrez Singh lodged an FIR against six persons with the averments that his father was murdered on 17/7/2015 and he was the informant in the said case and the accused persons were exerting pressure to enter into compromise and settle the dispute. Because of this enmity, at about 1:15 PM on 7/1/2018, when the said respondent, his cousin brothers Daljeet Singh and Rajvender Singh, and his relatives Kuldeep Singh and Harvansh Singh were participating in a Nagar Kirtan in Sitarganj, the accused persons, armed with sharp-edged weapons, lathis and dandas and pistols, attacked the complainant, his brothers and relatives. In the said incident, Daljeet Singh and Harvansh Singh died at the spot and Rajvender Singh suffered serious injuries.

(3.) After investigation, police submitted the charge sheet and thereafter trial commenced against the accused persons. On 25/6/2019, examination-in-chief of the complainant (respondent no.2) was recorded but the same could not be completed because of the poor health of the witness and it was deferred to 16/7/2019 at the request of prosecution. The examination-in-chief of the complainant resumed on 16/7/2019, but the same again could not be completed on that day as the court time was over. On 25/11/2019, while recording further examination-in-chief of the complainant, a CCTV footage, collected during investigation by the police which was captured in the CCTV cameras installed at the shops situated near the place of occurrence, was played before the trial court. After watching the said CCTV footage, the complainant, inter alia, identified the presence of the present revisionist at the place of incident and narrated his role in the alleged crime. The complainant further stated that at one point of time, he is being seen doing hathapai with Daljeet Singh (deceased) and Rajvender Singh (injured). In yet another scene of the said CCTV footage, the revisionist was seen making exhortation to the other accused persons to attack Daljeet Singh and Rajvender Singh.