PREM DAS TRIPATHI Vs. STATE

JUDGEMENT

(1.) Since the common question of facts and law are involved in these petitions, therefore, they are being decided by a common judgment.

(2.) In all these petitions the accused persons have been summoned under Section 319 Cr.P.C. on the basis of statements recorded in the court. The court after considering the gravity of the evidence and the nature of allegations made in the statements proceeded to summon the accused persons, who were not arrayed as an accused during the2 course of investigation or they were let off during the course of investigation. The learned Sessions Judge in the aforesaid cases has proceeded to rely upon the statements given in the court from which it was evident that the evidence given in the court was sufficient to constitute a prima facie offence against the petitioners.

(3.) In the case of Prem Das Tripathi and others bearing Criminal Misc. Case No.3272 of 2011 it has specifically come in the statements of P.Ws-1, 2 and that Prem Das exhorted the other accused persons to fire and thereafter fire was made. Therefore, specific role has been assigned to the petitioners and their participation in the crime on the basis of the aforesaid statements is prima facie made out. Therefore, it cannot be said that there was no sufficient evidence available to summon the petitioners.