TULSI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present criminal revision has been preferred by the revisionists Tulsi S/o Raj Kishor and Vijay Singh S/o Prasiddha Narain R/o Village Adhanpur, Police Station Nevadhiya, District Jaunpur against the order dated 7-3-2003 passed by the then Additional District and Sessions Judge/Fast Track Court IInd, Jaunpur in Sessions Trial No. 320 of 2001, summoning them under Section 319, Cr.P.C. to stand trial for the offence punishable under Sections 147, 148, 149, 307, 302, 323, 324 and 506, IPC.

(2.) The abovenamed revisionists have filed a copy of First Information Report in the Case Crime No. 97 of 1999, statements of Girja Shanker Singh, Smt. Ram Rati, Smt. Meera Devi, report of the Investigating Officer, copy of the charge-sheet and copy of the application dated 27-2-2003, marked as Annexures 1 to 7 respectively, in support of their revision.

(3.) A perusal of the First Information Report (Annexure 1) shows that the complainant Ashok Kumar Singh S/o Girja Shanker Singh R/o Village Adhanpur, P.S. Nevadhiya, District Jaunpur lodged a report with the police station Nevadhiya, Jaunpur mentioning therein that on 25-7-1997 at about 7 am. Tulsi, Vijay Singh (Revisionists) along with 7 others armed with Ballams. Swords and country made pistols came to his house and started digging his land to raise construction whereupon his younger brother Bachcha alias Udrej came out from his house. On the exhortation of co-accused Paras, Vishwanath and Megh Nath, accused Ravindra Kumar Singh committed his (Bachcha alias Udrej) murder with his country made pistol. Hearing the hue and cry his elder brother, father, other brother Hawaldar Singh rushed to the place of occurrence, Ravindra Kumar Singh caused fire arm injuries to his elder brother and co-accused Babloo, Vikki, Vishwanath, Tulsi and Vijay Singh caused injuries to them with spears and sword. After sustaining injuries they fell down on the ground. Smt. Meera Devi and Smt. Ram Rati are also alleged to have witnessed the occurrence.