ISHWAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for opposite party no.2 as well as learned AGA for the State.

(2.) This criminal revision is filed to set aside the order dtd. 8/3/2018 passed by Additional Sessions Judge, court no.6, Bijnor in S.T. No.192 of 2017 (State vs. Nand Lal and ors) in case crime no.446 of 2016, U/s 323/34, 304/34, 504, 506 IPC, P.S. Dhampur, District Bijnor.

(3.) In brief the facts are that an FIR crime no. 446 of 2016 was lodged on 8/7/2016 naming the applicants Ishwar, Nand Lal, Keshav and Ghanshyam. The allegations of the FIR is that on 8/7/2016 at 10:30-11:00 am, applicant- Ishwar, Nand Lal, Ghanshyam and Keshav started construction over the disputed land. The complainant and her husband and daughter Tannu prevented them from doing so, then all the four accused persons assaulted the complainant, putting him on earth, they assaulted him with bricks. Her husband received injuries in the stomach and became unconscious. The complainant and her daughter tried to save him then accused-persons assaulted them. They went away from there abusing and extending threats with death. The complainant took her husband to the hospital where he is under treatment. Initially the case was registered under Sec. 323, 504, 506 IPC. Due to the death of injured, Sec. 304 IPC was added. After investigation, charge-sheet was submitted only against three accused namely Nand Lal, Ghanshyam and Keshav. The Investigating Officer exonerated the other named accused Ishwar. During the course of trial, after examination in chief of P.W.-1 Savita Devi (complainant/ injured) an application U/s 319 Cr.P.C. was moved by the complainant/ prosecution alleging therein that accused Ishwar is named in the FIR and complainant Savita in her statement under Sec. 161 Cr.P.C has assigned the same role to him as the remaining accused. The examination in chief of Savita has been recorded in the court, she is one of the injured witness. The complicity of the accused Ishwar is like other co-accuse persons, hence accused Ishwar be also summoned U/s 319 Cr.P.C. for trial. The learned trial court by the impugned order dtd. 08/3/2018 has allowed the aforesaid application and has summoned the revisionist accused Ishwar to face trial for offence U/s 304/34, 323/34, 504 and 506 IPC.