MAHABAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is directed against order dt. 9-4-1985 recorded by Sri Surya Prasad, learned Sessions Judge, Mainpuri summoning the revisionists under S. 319, Cr. P.C in Sessions Trial No. 155 of .1984, State v. Gokul and others under Ss. 147/148/149/302 IPC.

(2.) The aforesaid trial was initiated on the report of informant Vijendra Singh, P.W. 1, it related to the murder of one Shiama Devi which occurred on 23-10-1983 at 7-30 p.m. in village Phareha, district Mainpuri. Police submitted charge-sheet against four accused but submitted a final report under S. 169, Cr. P.C. against the revisionists even though specific role was assigned to them in that report.

(3.) At the stage of trial informant was again examined on 9-4-1985 and he testified on oath about the active participation of the revisionists in this crime. Knife, pistol, gun and lathi were assigned to the revisionists Mahaban, Het Singh, Om Prakash and Udaivir respectively. On the application by learned counsel for the State the revisionists were summoned by the court under S. 319, Cr. P.C.