ABDUL HAMEED Vs. STATE OF U.P.

JUDGEMENT

(1.) On 13/8/2011, at approximately 08:15 AM, an incident occurred in Village Girdharpur, Police Station Devrania, District Bareilly, Uttar Pradesh , leading to the lodging of FIR No. 647/2011 under Ss. 302, 307, 323, and 504 the Indian Penal Code, 1860 (hereinafter "IPC"). The FIR was lodged by the informant, Firoz , alleging that the accused persons, including Abdul Hameed (applicant herein), along with one Javed Anwar, Anwar Jameer, and Babu, armed with licensed pistols, attacked the informant and his family members. The FIR alleged that the accused fired indiscriminately, resulting in the death of Guddu @ Zakir Husain, the informant's uncle, who succumbed to a gunshot injury. The motive was attributed to prior animosity arising from Zila Panchayat elections and contractual disputes. The deceased was declared dead at Shri Ram Murti Hospital, and the postmortem conducted on 13/8/2011 revealed a single bullet injury with entry and exit wounds.

(2.) The investigation was conducted by the police, and the charge sheet was filed on 7/11/2011 under Ss. 302, 307, 323, and 504 of the IPC against three accused persons (Javed Anwar, Anwar Jameer, and Babu). Notably, the applicant, Abdul Hameed , was not charge-sheeted as the investigating officer found the allegations against him to be false. During further investigation, villagers submitted affidavits stating that the applicant was not present at the scene, and their statements were recorded under Sec. 161 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC"), corroborating his absence. Trial Proceedings and Summoning Under Sec. 319 of the CrPC.

(3.) The trial commenced, and the informant was examined as PW-1. During his cross-examination, he allegedly introduced a new version of events, alleging that the accused fired from a rooftop, contradicting the FIR and his earlier statements. Based on this testimony, an application was filed under Sec. 319 of the CrPC. to summon the applicant as an additional accused. Accordingly, the learned ASJ, Court No. 3, Bareilly, allowed the application on 22/5/2019, summoning the applicant to face trial.