ARCHANA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for the opposite party No.2, learned A.G.A. for the State-respondent and perused the material available on record.

(2.) The instant criminal revision has been preferred by the revisionist against the impugned order dtd. 24/8/2023, passed by learned Sessions Judge, Mainpuri, Session Trial No.22 of 2021 (State vs. Rahul and others), arising out of Case Crime No.235 of 2020, under Ss. 32, 302, 504, 506 IPC, Police Station Dannahar, District Mainpuri. By the impugned order, learned Sessions Judge has allowed Application 13-A filed by the ifnormant Smt. Reeta Devi under Ss. 319 Cr.P.C. and summoned named accused Archana to face trial in the case for charges under Ss. 32, 302, 504, 506 IPC together with accused who are already facing trial.

(3.) Factual matrix fo the case in brief are that the informant Geeta Devi, wife of Late Vinod Kumar, lodged and FIR on 12/9/2020 at 11:44 hours, at police station concerned on the basis of a written report with averment that a hand pipe is installed in her house but Rahul, who is son of her brother-in-law (jeth) was creating obstructions when she tried to fetch water from the hand pump. Four days earlier to the incident, an altercation took place with Rahul, which was reconciled by local people. On 12/9/2020 prompted by this enmity at around 6:00 AM, when her son Robin had gone to collect grass, which was cut earlier alongwith her daughter Anshika and the informant in the agricultural field of Shailendra, Rahul came in front of them having an axe in his hand. Kusuma Devi, the mother of Rahul and his sister Archana stopped them and abused them in filthy language. In the meanwhile, Rahul struck a number of blows by an axe on head of her son (Robin) due to which he died on the spot. Mother and sister of Rahul had caught the informant and her daughter (Anshika) due to which they could not save Robin. The incident was witnessed by the informant, her daughter and some co-villagers. The accused fled away from the place after threatening them with life. The police conducted investigation in the case. The Investigating Officer recorded statements of informant Smt. Geeta Devi on 12/9/2020 i.e. on the date of incident and her daughter, who is also an eye-witness on 1/12/2020. The statement of Anuj Kumar and Vijay Bahadur was also recorded on 1/12/2020. The informant and her daughter Anshika supported the FIR version in their statements recorded under Sec. 161 Cr.P.C. and stated that when Rahul attacked the deceased Robin by an axe, his mother Kusuma Devi and sister Archana caught them due to which they could not save the deceased. They also abused and threatened them. The witnesses namely Anuj Kumar and Vijay Bahadur in their statements before the Investigating Officer although admitted the presence of the informant and her daughter Anshika as well as accused Kusuma Devi and her daughter on place of incident but they did not support the prosecution version that mother and sister of Rahul, the main accused, had caught the informant and her daughter Anshika at the time of incident, due to which they could not come forward to save the deceased. On 12/9/2020, the Investigating Officer recorded statements of Sunil, Vinod Kumar, Jeetpal, Mukesh Kumar, Shivnath, Ranveer, Ram Kishan, Ram Singh, Balram and Jagesh, who stated in their statements that named accused Kumari Archana, who is sister of main accused Rahul was not present at her native place on the date of incident and she had gone to visit her ailing maternal uncle Kailash Singh at her maternal place, which situates Village Ajani, Police Station Bichhawa, District Mainpuri. These people are resident of the maternal village of Archana and has stated that she was present in their village.