BRIJESH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 3-9-2002 passed by Additional Sessions Judge (Court No. 3), Aligarh in Sessions Trial No. 143 of 2002 summoning the applicants under Section 319, Cr.P.C. for trying them along with other accused of the said case.

(2.) The facts giving rise in this revision, briefly stated, are as below :- On 14-4-2001 Onkar Singh opposite party No. 2 lodged a report at P.S. Gonda district Aligarh with the allegations that on 14-4-2001 his cousin brother Rajendra Singh alias Lonu had gone to Aligarh for his personal work. The opposite party No. 2 (complainant) had also gone along with his cousin brother on a scooter. The scooter was being driven by his Samadhi, Dalbeer Singh and Rajendra Singh was proceeding on a motor cycle. The above three persons were returning to their village in the same position (i.e. Rajendra Singh was on motor cycle and opposite party No. 2 and his Samadhi were on scooter). Motor cycle of Rajendra Singh was few steps ahead. Near Pipali turning the applicants Brijesh Kumar, Deoraj and Ram Kishan Singh came on a motor cycle and crossed the scooter on which the complainant was sitting. The applicant Deoraj reaching near Rajendra Singh at about 5.30 p.m. fired country made pistol on him (Rajendra Singh). Rajendra Singh fell down on the road. The complainant got down from the scooter, on which he was travelling, stopped and found that Rajendra Singh died on the spot and the applicants went away towards Gonda on their motor cycle.

(3.) On the basis of above report of a case at crime No. 62215201077 of 2001 was registered. After investigation the police did not submit charge sheet against the applicants, but submitted charge sheet against other three persons namely Moti, Naseeruddin and Ajeet. The learned Magistrate took cognizance and committed the case to the Court of Session where it was registered as Sessions Trial No. 143 of 2002. During trial Onkar Singh (PW 1), Jai Narain (P. W 2), Khajan Singh (PW 3), Udaiveer Singh (P.W. 4) and Dalveer Singh (P.W. 4) were examined before the Court.