AVINASH Vs. STATE OF U.P.

JUDGEMENT

(1.) AS both these revisions have been preferred against the same order, pertaining to same Crime No. and cause of action, both are being disposed of by this common judgment. The revisionists of both the revisions are husband and wife, both of whom have been summoned under Section 319 Cr.P.C. by the order impugned.

(2.) BY Revision No.2116 of 2007 (Smt. Avinash vs. State of U.P.& anr), the revisionist Smt. Avinash has challenged the order dated 4.7.2007 passed by Additional Sessions Judge, Court No.6, Bijnor, whereas the revisionist Dharamvir by Revision No.2180 of 2007, apart from the aforesaid order dated 4.7.2007, has challenged one more order dated 11.6.2007 passed by Additional Sessions Judge, Court No.6, Bijnor, whereby the learned Court has allowed the application moved by prosecution under section 311 Cr.P.C.

(3.) THE case was registered and the matter was investigated. After concluding the investigation, the police submitted charge sheet only against two persons i.e. Ram Autar and Naresh Kumar Dharamvir and his wife Smt. Avinash were exonerated by the police. The trial proceeded against Ram Autar and Naresh Kumar. The complainant, his son Anurag and the eye witnesses named in the FIR were examined by the prosecution but all of them turned hostile. On 1.6.2007, the complainant moved an application under section 311 Cr.P.C. to the effect that his son Gaurav was in custody of the accused persons, who after informing him that Gaurav is alive, assured him to hand over his son, in case he turns hostile in the court. On their assurance, the complainant, his son and his witnesses turned hostile while deposing in the court but even after expiry of considerable time after their deposition, the accused persons have not returned his son Gaurav to him. The complainant under these circumstances, intends to be re -examined so that truth may be brought to the notice of the court. The aforesaid application under Section 311 Cr.P.C. was allowed by the court and the complainant Kunwar Sen P.W.1 and his son Anurag P.W. -2 were recalled. After being recalled when both these witnesses were re -examined, they fully supported the prosecution case and the story narrated in the FIR, naming both the revisionists, as active participants in the crime.