DEEPAK Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. This criminal revision has been filed for challenging the order dated 2-9-2004 passed by the Additional Sessions Judge, FTC No. 2, Bijnor allowing the application moved by the complainant-opposite party No. 2 under Section 311 Cr. P. C. seeking to re-examine Rakesh Kumar and Virendra Singh in S. T. No. 220 of 2002, State v. Deepak and Ors. , under Sections 302/324 IPC, police station Haldaur, District Bijnor.

(2.) THE revisionist Deepak alongwith two other co-accused Chandu and Sumer had been arrayed as accused in the FIR dated 18-5-2001, which alleged that the incident had taken place on 18-5-2001 at about 9 p. m. where the brother of the informant Madan was murdered by the accused persons including the revisionist. THE role of the revisionist was to give a knife blow on the chest of the deceased while the other co-accused Chandu and Sumer were assigned the role of catching hold of the deceased at the time of incident.

(3.) THE principal ground for challenging the impugned order was that the application had been moved by O. P. No. 2 on 25-8-2004, i. e. after one year of the examination of the witnesses PW. 1 Rakesh and P. W. 2 Virendra and it was moved belatedly after the other witnesses had been examined just prior to the recording of 313 Cr. P. C. statement of the accused and that no good ground for allowing the application under Section 311 Cr. P. C. after such a long lapse of time.