RAM PRAKASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been preferred against the order dated 17.05.2007 passed by Additional District and Sessions Judge (F.T.C. Court No. 2), District Maharajganj summoning the revisionists under Section 319 Cr.P.C. in S.T. No. 01/2007 (State of U.P. vs. Shakti Singh & others), case crime no. 523 of 2006, under Sections 147, 148, 149, 302, 504 and 506 I.P.C., Police Station Pharenda, District Maharajganj.

(2.) Brief facts are that a first information report was lodged by the complainant Krishna Kumar Singh against accused Ram Prakash Singh, Shivendra Singh, Shakti Singh, Ranjeet Singh, Ram Awadh Yadav, and Kaushal @ Budhu Singh stating that the complainant was the resident of Parasia Buzurg, Police Station Pharenda, District Maharajganj. On 25.07.2006 at about 05:00 P.M., the complainant accompanied by his nephew Dhananjay Singh and Pradeep Singh were going to Loharpurva from his village. Suddenly one maruti car came from the front and went towards his village. After covering some distance the car turned back and was brought by the side of the complainant and others. Ram Prakash Singh was sitting beside the driver. The car was being driven by Shivendra Singh; Shakti Singh, Ranjeet Singh and Ram Awadh Yadav were sitting on the rear seat. As soon as the car stopped, Shakti Singh, Ranjeet Singh, Ram Awadh armed with weapons alighted from the car. Suddenly Kaushal Singh came from behind on a motorcycle. Ram Prakash Singh aforesaid exhorted. At this Ranjeet Singh, Ram Awadh Singh Yadav and Kaushal Singh caught hold of Dhananjay Singh and Shakti Singh fired point blank at Dhananjay Singh on the left side. Dhananjay Singh died on the spot. Ram Prakash Singh with intent to kill the complainant and Pramod Singh again exhorted but the complainant and Pramod ran towards the village. On hearing hue and cry Yaad Ali, Iqbal, Udaibhan Singh and two other villagers came running due to which the accused fled away on the maruti car and the motorcycle towards Maharajganj Farenda main highway.

(3.) After the report was lodged, investigation started. After the investigation, the I.O. submitted charge sheet against the accused Shakti Singh, Ranjeet Singh, Shivendra Singh and Ram Awadh. Charge sheet were not submitted against accused Ram Prakash and Kaushal Kumar Singh. After the case was committed, charges were framed against accused persons and evidence of the complainant PW-1 Krishna Kumar Singh commenced in court.