SANJEEV Vs. STATE OF U P

JUDGEMENT

(1.) K. N. OJha, J. Instant revision has been preferred against order dated 30-6-2000 passed by learned Sessions Judge, Muzaffar Nagar, in Sessions Trial No. 274 of 2000, State v. Sanjeev and others, under Section 302, 120b IPC, police station Titabi, district Muzaffar Nagar, by which three fact witnesses have been recalled for re-examination and the Sessions Trial of co-accused Yogesh whose case was later on committed to the Court of Sessions, has been consolidated with the Sessions Trial of the revisionists.

(2.) HEARD Sri S. P. S. Raghav, learned counsel for the revisionist, Sri Shekhar Yadav, learned AGA and Sri Akhilesh Singh, learned counsel for the opposite party No. 2 and have gone through the record.

(3.) THUS three conditions must exist before separate trials of accused persons of the same crime of related crime are made together. Firstly, there should be an application in writing that their cases should be tried together. Secondly, the Court is satisfied that no accused is prejudicially affected and thirdly, it is expedient so to do, all such persons be tried together.