SAVITA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision is directed against order dated 22.4.2013 passed by Special Judge, Siddharth Nagar in S.T. No. 233 of 2011, State Prasad & others whereby the application 45-kha filed on behalf of the complainant under Section 319 Cr.P.C. was allowed and the revisionist- Smt. Savita Devi was summoned to face trial in respect of offence under Sections 147, 302/149 IPC.

(2.) Heard Sri W.H. Khan, Senior Advocate assisted by Sri J.H. Khan, learned counsel for the revisionist, learned AGA for the State as well as Sri Shahroz Khan, learned counsel for the complainant- opposite party no. 2.

(3.) In brief, the facts are that according to the FIR of Crime No. 574 of 2011, under Sections 147, 327, 452, 304 IPC, P.S. Itwa, District- Siddarthnagar lodged by the complainant- Bal Kishan, on 8.8.2011 at about 8 a.m., the accused Nand Lal started easing himself in the field of the complainant. Nand Lal used to do the same for the last 3-4 days. When the complainant asked Nand Lal not to defecate in his field, Nand Lal started quarreling. Nand Lal went back to his house and came back to the house of the complainant alongwith Ramdin, Savita (revisionist) and Guru Prasad armed with lathi, danda and sariya. They entered the house of the complainant. Wife of the complainant hid the complainant in a room. Mother of the complainant (deceased) was sitting out side the house. She asked the accused persons as to why they had come. The accused persons assaulted her resulting in serious injury on the neck and she died on spot. During investigation, the revisionist- Smt. Savita was exonerated by the Investigating Officer and charge-sheet was filed against remaining accused persons. During trial, three eye witnesses- Bal Kishan (P.W.-1), Kuldeep (P.W.-3) and Usha Devi (P.W.-4) were examined and on the basis of statements of three eye witnesses, on the application of the complainant, the trial court summoned the revisionist to face trial under Section 319 Cr.P.C. in respect of offences under Sections 147, 302/149 IPC. Hence this revision.