JONI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been filed against the order dated 19.12.2011 passed by Additional Sessions Judge, Court No. 1 Kairana, Muzzafarnagar in S.T. No. 755 of 2011 (State Vs. Anuj) by which application 24 Kha of Additional District Government Counsel (Criminal) under Section 319 Cr.P.C. for summoning the accused Virendra was rejected

(2.) During trial of S.T. No. 755 of 2011, after framing of the charges against accused persons, the prosecution side had examined PW-1 Joni S/o Kripal Singh and after it, moved application 24 Kha under Section 319 Cr.P.C. Dated 13.12.2011 for summoning the additional accused Virendra. This application 24 Kha reads that witness PW-1 stated that Virendra had entered in conspiracy with his son Anuj due to this complainant Anuj had murdered Kripal Singh @ Kala. Since the name of Virendra Singh has appeared in FIR and in statement under Section 161 Cr.P.C. during investigation, evidences against Virendra is available, therefore, Virendra should be summoned as accused in this case.

(3.) I have heard rival contentions and gone through the record of the case.