(1.) Heard Mr. Ashutosh Yadav, learned counsel for the revisionist, Mr. Waseem Akram, learned counsel for the opposite party No.2, Mr. Shyam Narayan Rai, learned A.G.A. for the State respondents, and perused the material brought on the record.
(2.) The revisionist, Ved Vasu and Daya Shankar, have challenged the legality and validity of the impugned order dtd. 5/10/2023 passed by the learned Additional District and Sessions Judge, Sambhal at Chandausi, in Sessions Trial No.137 of 2020 (State Vs. Dipanshu and others) arising out of Case Crime No.288 of 2020, under Ss. 147, 148, 149, 323, 504, 307, 302, and 34 I.P.C. By the impugned order, Trial Court has summoned the revisionists u/s 319 CrPC to face trial along with other co-accused.
(3.) First Information Report was lodged by the informant, Satyapal, which was registered as Case Crime No.288 of 2020 under Ss. 147, 148, 149, 323, 504, and 307 of the I.P.C., at the Police Station- Rajpura, District- Sambhal . Informant has stated that he along with other persons accompanying him was ambushed by five accused persons Ved Vasu, Daya Shanker, Dipanshu, Kunwar Pal, and Narendra who assaulted them .They also opened fire at them in which Dharmpal ,Yadram, and Munesha sustained gunshot injury . Dharampal succumbed to injuries. Case was converted from Sec. 307 to 302 I.P.C. During Investigation, involvement of three accused persons, namely; Dipanshu, Kunwar Pal, and Narendra was found and charge sheet was filed against them. The complicity of Daya Shanker and Ved Vasu was not found, and accordingly, the final report was submitted against them.