(1.) PARCHA filed by Sri S.K. Srivastava on behalf of the complainant is taken on record.
(2.) THIS revision under section 397/401 Cr.P.C. is directed against the order dated 7.6.2011 passed by Addl. Sessions Judge, Court No.7, Saharanpur in S.T. No.554 of 2010 under sections 302, 307 IPC, P.S. Sarsawan, District Saharanpur whereby the revisionist Sandeep Kumar was summoned under section 319 Cr.P.C. to face trial under sections 307, 302 IPC.
(3.) LEARNED counsel for the revisionist submitted that the two witnesses namely Vineet Kumar (P.W.1) and Man Singh (P.W.2) are chance witnesses and their presence at the spot is highly suspect. The injured witness Krishan Pal @ Tinku has not yet been examined, but in his statement recorded under section 164 Cr.P.C., he has not specified any role to the revisionist, but has specifically stated that the victim was assaulted by co-accused Narendra. Per contra, learned A.G.A. as well as learned counsel for the complainant submitted that the revisionist and co-accused Narendra took the deceased from his house in a Car and it is for the revisionist to explain under what circumstances the deceased met his maker. It was further submitted that the two eyewitnesses Vineet Kumar (P.W.1) and Man Singh (P.W.2) have specifically stated that the deceased was caught hold by Sandeep Kumar and was stabbed by Narendra.