SHAFI AHMAD Vs. STATE

JUDGEMENT

(1.) THIS revision under section 397/401 of the Code of Criminal Procedure is directed against order dated 23.7.2011 passed by Additional Sessions Judge, Court No.8, Fatehpur in Sessions Trials No.148, 149 and 584 of 2008 (State Vs. Phool Singh and others) arising out of crime no.194 of 2007, P.S. Hussainganj, District Fatehpur whereby the application 63-B under section 319 Cr.P.C. preferred by the complainant through prosecution was allowed and the revisionists Shafi Ahmad, Rafi Ahmad and Fareed Ahmad were summoned to face trial under sections 147, 148, 149, 302/149, 506 IPC and 7 Criminal Law Amendment Act.

(2.) HEARD Sri Rajiv Lochan Shukla, learned counsel for the revisionists and Sri Vishesh Kumar, learned counsel for the complainant as well as learned A.G.A. for the State.

(3.) THE next submission of learned counsel for the revisionists is that the trial court has also considered the statements of P.W.1 and P.W.2 recorded by the investigating officer in the case diary under section 161 Cr.P.C. and such statements are not covered by the word 'evidence' and, therefore, the impugned order is bad in law, as the trial court has considered the extraneous material in passing the order under section 319 Cr.P.C.