MAYANK CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) I have heard learned counsel for the revisionists; Sri Ganesh Shanker Srivastava for the opposite party No.2; and the learned A.G.A. for the State. As the relevant material has already been brought on record, with the consent of the counsel for the parties, this revision is being finally disposed of without calling for the record of the court below.

(2.) Instant revision application has been filed against the order dated 28.07.2012 passed by the Additional Sessions Judge, Auraiya in Session Trial No. 153 of 2003, whereby, in exercise of power under Section 319 Cr.P.C., the revisionists have been summoned to face trial along with other accused persons, under Sections 302 and 201 I.P.C.

(3.) The facts, as they emerge from the record, are that on 07.09.2001, an information was received at police station Ayana District Auraiya from one Gulshan, the Chowkidar of village Dhanaupur, that he found a dead body in a Well situated on the field of Bare Singh. The dead body was recovered and sent for post mortem examination. Post mortem report, which is Annexure No.3 to the affidavit, reveals that it was carried out on 08.09.2001 at about 10:50 A.M. Ante mortem injuries were found on the body of the deceased and, as per the opinion of the doctor, the death was caused due to shock and haemorrhage as a result of ante mortem injuries. On 10.09.2001, it appears, that the dead body was identified by Ram Mohan Tiwari (the brother of the deceased) and Brijesh Kumar Dubey (the Behnoi of the deceased) to be that of Ram Naresh son of Kailash Narayan. Upon identification of the dead body, statement was given to the police by Brijesh Kumar Dubey that on 04.09.2001 at about 7 P.M., the deceased had left from the house of Brijesh Kumar Dubey with Ram Sewak Kanchi (charge sheeted), Betan Singh (charge sheeted), Ram Naresh Gujar (revisionist no.2) and Mayank Chaturvedi (revisionist no.1) for striking deal of a rifle, but thereafter he did not return. The matter was investigated and a charge sheet was laid against Ram Sewak Kanchi and Betan Singh whereas no charge sheet was filed against the revisionists. Upon committal, Session Trial No. 153 of 2003 proceeded against Ram Sewak Kanchi and Betan Singh. During the course of trial, Brijesh Kumar Dubey (the Behnoi of the deceased) was examined as P.W.2. P.W.2 stated that 10-15 days before the incident, his brother in law Ram Naresh had acquired a .315 bore rifle. 2-3 days thereafter Ram Sewak Kanchi, Betan Singh, Ram Naresh Gujar and Mayank Chaturvedi had come to his house and had talks with his brother in law with respect to purchase of rifle. It was agreed that they would purchase the rifle for Rs.70,000/- but left saying that they would return in two to four days. Ultimately, on 04.09.2001 at about 7 P.M., Ram Sewak Kanchi, Betan Singh, Ram Naresh Gujar and Mayank Chaturvedi had come to his house to meet his brother-in-law Ram Naresh (the deceased) in connection with purchase of the rifle. His brother in law left the home at about 7 P.M., on 04.09.2001, with all the four persons for obtaining full sale consideration of the rifle. Thereafter, when his brother-in-law did not return, he contacted the aforesaid persons, with whom he had left, and they reported to him that his brother-in-law was paid the money and had left for home that night itself. Thereafter effort was made to trace him out but to no avail. Ram Naresh had to attend a date at Etawah Kutchery on 7.9.2001. But he did not attend the Court. On 9.9.2001 he got information that an unidentified body was recovered at village Dhanaupur, then he contacted Ram Mohan, the brother of Ram Naresh. Thereafter he went with Ram Mohan to the police station and the body was identified from the clothes and photograph of the deceased. It has been stated by him that from these circumstances he feels that Ram Sewak Kanchi, Betan Singh, Ram Naresh Gujar and Mayank Chaturvedi were the persons who killed Ram Naresh and threw away his body. On the basis of the testimony of P.W.2, an application was filed for adding Mayank Chaturvedi and Ram Naresh Gujar as accused under Section 319 Cr.P.C. The court considered the application and by its order dated 15.12.2004 rejected the application finding insufficient material for drawing proceedings against the said persons. Thereafter, the trial proceeded and several more witnesses were examined. Yet again an application was moved for exercising power, under Section 319 Cr.P.C., to add Mayank Chaturvedi and Ram Naresh Gujar as accused but the said application was dismissed as not pressed and, ultimately, after recording the statements of the witnesses as well as the statement of the accused under Section 313 Cr.P.C., the case was fixed for delivery of judgment. On the date of delivery of judgment i.e. 28.07.2012, the Additional Sessions Judge, Auraiya instead of delivering the judgment, passed an order stating that when he sat to write the judgment he found that the evidence against Mayank Chaturvedi and Ram Naresh Gujar was sufficient for trying them together with the other accused inasmuch as the evidence on record do, prima facie, disclose their involvement in the crime for offences punishable under Section 302 read with Section 201 IPC.