RAVINA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionist and the learned AGA.

(2.) The present revision has been filed against the judgment and order dated 10-8-2004 passed by 12th Additional Sessions Judge Mathura, in Sessions Trial No. 224/ 2004 State v. Jitu and others under Section 307/504, IPC.

(3.) The brief facts giving rise to this revision are that an FIR was lodged by Ravina against four persons under Sections 307/ 504, IPC. The case was investigated and charge sheet was submitted only against two accused excluding Manju and Jaiveer. The case was committed to the Court of session and the trial was being held by 12th Additional Sessions Judge, Mathura. During the course of trial the prosecution examined witness Ravina son of Patiram as P.W. 1. This witness, during the course of his examination-in-chief named all the accused and also stated the weapon in the hands of all the accused including in the hands of Manju and Jaiveer. It has been stated by him that Manju and Jaiveer were armed with lathi. He further clarified the role of these two persons that they had caught hold of the complainant injured and Jeetu non applicant fired a shot on him. When this evidence came before the Court, the complainant moved an application under Section 319 of the Code of Criminal Procedure for summoning accused Manju and Jaiveer, so that they may be tried together with co accused.