RAJESH GOND Vs. STATE OF U.P.

JUDGEMENT

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

(2.) This criminal revision has been filed against the order dtd. 23/12/2021 passed by Additional Sessions Judge Court no.3 Ballia in S.T. No.297 of 2017 (State vs. Gulab Gond) crime no.745 of 2017, U/s 307, 34 IPC, P.S. Ubhaon, District Ballia. By the impugned order, the learned court below on an application of prosecution in exercise of powers U/s 319 Cr.P.C. has summoned the revisionist accused to face trial.

(3.) With regard to incident dtd. 17/6/2017 at about 9:00 pm, an FIR was lodged by first informant Preetam on the same date at 20:30 O'clock alleging therein that the complainant is resident of village Jam Basnai P.S. Rasra, District Ballia. He had come at his nanihal village Babhnauli in connection with marriage of his maternal uncle Sunil to be held on 18/6/2017. Today on 17/6/2017 at about 9:00 pm, he with his maternal uncle Sonu alias Rohit was going on a motorcycle. When they reached near the Pt. Deen Dayal Upadhyaya Inter-college, and was talking with a vendor then a motorcycle on which three persons were riding came from the side of Shahpur Afgah road. Two persons came down from the motorcycle and reached near them, one of them asked his maternal uncle whether his name is Sonu, he replied that his name is Rohit, on this he said that he tease his sister and opened fire on him. The other person also opened fire on his maternal uncle and both of them riding the motorcycle ran away from the spot. The maternal uncle of the complainant fell down, due to darkness the complainant could not identify the assailants. The injured was taken to Sier Hospital from where he was referred to District Mau. It is further alleged that the complainant has dispute about the landed property with neighbour Gulab Gond and he suspect his hand in this incident. During investigation the names of Guddu Gond and Rajesh Gond came into light. After investigation, charge sheet was submitted against Gulab Gond and Guddu Gond. The revisionist Rajesh Gond was exonerated. The trial commenced before the sessions court and after examination of four prosecution witnesses, an application U/s 319 Cr.P.C. was moved to summon the revisionist Rajesh Gond for trial. The learned court below by the impugned order has allowed the application and summoned the revisionist accused for trial.