MOHD ASLAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the Judgment and order dated 14.5.2002 passed by the Additional Sessions Judge, Ghaziabad in Sessions Trial No. 710 of 1997, State Vs. Anwar and others, under Sections 307, 323, 504 I.P.C. summoning the revisionist under Section 319 Cr.P.C.

(2.) PERUSAL of the record shows that while the sessions trial was in progress one witness Mohd. Yamin (P.W.1) was produced in the court whose statement was recorded, who in his examination -in -chief has specifically stated that accused Anwar called his brothers at which Aslam and Ambar came. Ambar was armed with lathi -danda and Aslam was armed with gun. After the evidence of this witness was recorded, the prosecution moved an application for summoning accused Aslam under Section 319 Cr.P.C. which was allowed, vide order dated 14.5.2002. Feeling aggrieved the accused has come up in the present revision.

(3.) I have heard Sri Rajeev Chaddha, counsel for the revisionist and learned A.G.A. for the State.