RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) I have heard learned Counsel for the revisionist and learned A.G.A.

(2.) THE revisionist is aggrieved by an order dated 12 -12 -2001 passed by the Addl. Sessions Judge, Court No. 1, Jaunpur in S.T. No. 366 of 1999 whereby he rejected the prosecution's application to summon opposite party Nos. 2 to 4, as accused in view of the provisions of Section 319, Cr. P.C. Some others are facing trial in the said case under Sections 394/302/307, IPC. Two person Ram Dularey and his son Vijay Bahadur were done to death in this incident and Rajesh Kumar and Saraswati Devi wife of Ram Dularey sustained injuries. The incident had taken place on 17 -7 -1999 at about 2 a.m. in village Tilaura, P.S. Machhalishahr District Jaunpur. The report was lodged on 17 -7 -1999 at 6.15 a.m. by Raj Kumar Yadav. Nobody was named as culprit in the FIR. The incident was so related in the FIR that in the fateful night, the victims and others were sleeping at their house when 3 or 4 miscreants armed with knives and axes appeared there. Besides murdering Ram Dularey and Vijay Bahadur and causing injuries to Saraswati Devi and Rajesh Kumar, they looted away property also. After the incident, they allegedly went to the house of one Kashi Ram, assaulted women folk and looted away property therefrom too.

(3.) IT is noted from the evidence of Rajesh Kumar P.W. 1 and Sarswati Devi P.W. 4 recorded in the lower Court that both of them have named opposite party Nos. 2 to 4 as participants of this crime. Two of them, namely, Vinay Kumar and Bhola Nath were armed with parts of plough (HAL KA PHAL) and third one Uma Shankar used knife. All of them allegedly wielded these weapons in causing injuries. The statement of Rajesh Kumar P.W. 1 is that he and deceased Vijay Bahadur had been assaulted by these persons with the weapons that they had. The statement of Sarswati Devi P.W. 4 is to the effect that she and her husband had also been assaulted by these persons. Both of them also stated that they had become unconscious at the spot.