CHANDRA SHEKHAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal revision has been filed under section 397/ 401 of Cr.P.C. against the interim order dated 28.8.2019 passed by Additional Session's Judge, Court No. 3, Ballia, by which the revisionist was summoned under section 319 Cr.P.C. to face trial under sections 306, 120-B I.P.C., Police Station Sikandarpur, District Ballia.

(2.) Brief facts of this case as such that on 25.9.2017 father of deceased namely, Rajendra Singh, lodged an F.I.R. with allegation that her daughter namely, Renu Singh, was married about 22 years ago with Rajesh Singh. Out of the said wedlock a daughter Sonali aged about 18 years and a son Aditya aged about 16 years born. Due to harassment of husband, Rajesh Singh, and father-in-law, Chandra Shekhar Singh, daughter of the first informant, Renu Singh, committed suicide. So F.I.R. was lodged by the first informant, Rajendra Singh, against the revisionist, Chandra Shekhar Singh, as well as his son namely, Rajesh Singh, under section 306 I.P.C. at police station Sikandarapur, District Ballia as Case Crime No. 703 of 2017.

(3.) After lodging the F.I.R. post mortem of the body of deceased, Renu Singh, was conducted on 25.9.2017 and doctor opined cause of death due to ante mortem hanging. During investigation, Investigating Officer recorded statements of the first informant, Rajendra Singh, and his wife, Shiv Kumari Singh, under section 161 Cr.P.C. They clearly deposed in their statements that revisionist, Chandra Shekhar Singh, was residing separately from Rajesh Singh (husband of deceased) and during investigation statement of villagers also recorded. Villagers also deposed that Chandra Shekhar Singh was living apart from main accused, Rajesh Singh, so the revisionist, Chandra Shekhar Singh, was exonerated from this matter and charge-sheet was submitted only against Rajesh Singh (husband of deceased). During trial three witnesses, PW-1 / Rajendra Singh, PW-2 / Sonali Singh and PW-3 / Smt. Shiv Kumari Singh have been examined before the trial court and all these witnesses never mentioned in their statements name of the revisionist, Chandra Shekhar Singh. Learned trial court on the basis of oral statement of witness, Om Prakash Singh, summoned the revisionist under section 319 Cr.P.C. to face above mentioned trial. Being aggrieved with the said order this revision has been filed by the revisionist.