HARI SARAN TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri R.P. Mishra, learned counsel for the revisionist and the learned AGA for the State opposite party.

(2.) THIS criminal revison has been field challenging the orders dated 25.1.2003 and dated 21.3.2003 passed by th elearned Additional Sessions - IV, Unnao by which the revisionist was summoned under Section 319 Cr.P.C. in ST No.251 of 2000, under Section 302 IPC (State v. Badri Vishal) arising out of Crime No.297 of 1999, Police Station Kotwali Unnao, District Unnao.

(3.) ACCORDING to prosecution version, FIR was lodged by a constable in Police Station Kotwali Unnao, District Unnao on 11.8.1999, at about 20.30 hours, alleging that one Shiv Sagar, Pan Vendor has been killed by unknown person on 11.8.1999, at about 19:15 hours. In respect of same occurrence, another information was given by the father of deceased on 12.3.1999 in which Badri Vishal and present revisionist were named as accused persons, who had killed Shiv Sagar. After investigation, the police had submitted final report against the revisionist, and challened other accused on the ground that at the time of occurrence the revisionist was posted in District Chhattarpur in the State of Madhya Pradesh, which is at the distance of more than 800 kms from the place of occurrence. He was invovled in the work of invigilation during examination. During trial, statement of witnesses were recorded and after completion of statement of PW -3 an application was moved on 91.7.2002 under Section 319 Cr.P.C. for summoning the revisionist. This application was allowed, hence the present revision.