DINESH KUMAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the applicants in these two petitions have been summoned by the common summoning order dtd. 13/8/2013 passed by the Sessions Judge, hence these applications are disposed of together by this common order.

(2.) These applications have been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') by the applicants for quashing the impugned summoning order dtd. 13/8/2013 passed by learned Additional Sessions Judge First, Udham Singh Nagar, District Udham Singh Nagar in Sessions Trial No. 73 of 2012, State vs. Rupendra and Others under Ss. 302, 120-B of IPC.

(3.) The factual matrix of the case is that the informant- Shanti Devi (Wife of deceased Mohan Singh) filed an FIR on 18/12/2010 against four persons, namely, Dinesh, Bibbu, Rupendra and Suresh at P.S. Jaspur, Udham Singh Nagar, under Sec. 302 of IPC with the allegations that on 15/12/2010 at about 9:00 PM, her husband Mohan Singh went to work in the saw machine from a short distance of her house. When her husband did not come back till 11 AM of the next day, her younger son went to search his father in saw machine. The people working there informed him that his father did not come on his duty on the previous day. On 18/12/2010 the dead body of her husband Mohan Singh was found in the canal flowing near the village.