BASANTI Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been filed by the revisionists against the order dated 24.7.2007 passed by the learned Additional Sessions Judge, F.T.C. 4, Jaunpur in ST. No. 304/05, State v. Ram Prasadunder Section 302 and 201 IPC, P.S. Sarai Khwaja, Jaunpur.

(2.) The brief facts of the case are that on 22.2.2005 Smt. Chinta Devi wife of younger brother of the complainant Mool Chand had gone to the tube well of one Bahadur. She had gone to take water from the said tube well to irrigate her agricultural field. She had left her home for the said purpose at about 1 p.m. When she did not come back in the evening the complainant and his family members felt concerned and they went to the residence of Bahadur to enquire about Smt. Chinta Devi. There they were informed that Smt. Chinta Devi had left tube well at about 3 p.m. The complainant again came back to his house but by that time Smt. Chinta Devi had not come back. At about 10.00 in the night the complainant again went to the residence of Bahadur where the revisionists met him. On enquiry they again told the complainant that Smt. Chinta Devi had already left for her home in the afternoon at about 3 p.m. A suspicious complainant again went to the tube well of Bahadur alongwith some persons where he saw that Bahadur and his son Raj Nath alongwith another person were present inside the well which was close to the tube well and two unknown persons were standing outside the well and they were holding a rope in their hands. When those persons saw the complainant they came out of the well and thereafter all of them ran away. The complainant found that the dead body of Smt. Chinta Devi was floating inside the well. Thereafter he went to the police station and lodged an FIR, Police came to the well, took out the dead body, got Panchayatnama done and sent the body for post mortem.

(3.) During the course of investigation an application under Section 156(3) Code of Criminal Procedure was moved before the learned C.J.M. in which four persons namely Ram Prasad, Ram Nath, Bahadur and Raj Nath were named. The matter was investigated and a charge sheet was submitted in the Court against only one person namely Ram Prasad s/o Bahadur under Sections 302 and 201 IPC. Charges were framed and the trial reached the stage of examination of prosecution witnesses under Section 231 Code of Criminal Procedure. The prosecution examined P.W. 1 Mool Chand and P.W. 2 Km. Madhuri under Section 231 Code of Criminal Procedure. The reafer an application under Section 319 Code of Criminal Procedure. was moved before the learned trial Judge, praying therein that Ram Bahadur, Ram Nath, Raj Nath, Smt. Basanti and Smt. Rekha should also be summoned to stand trial alongwith the charge sheeted accused Ram Prasad.