MANGAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Revision No. 1567/03 Devendra Singh v. State of U.P. and Anr. and Criminal Misc. application No. 1703/06 Mangal Singh v. State of U.P. and Anr. arise out of the same criminal proceedings and the questions involved in both the cases are interwoven that the judgment in one ease will affect the judgment in other case, therefore these two eases were clubbed together and are being finally disposed off by this common order.

(2.) Criminal Revision No. 1567/03 has been preferred by Devendra Singh against the judgment and order dated 04.3.2003 passed by the District Judge, Jalaun at Orai in criminal revision No. 499/02 Mangal Singh v. State of U.P. and Anr., whereby the revisional court has set aside the order dated 19.11.2000 passed by the A C J M Jalaun at Orai in case No. 531/02 and directed him to take cognizance Under Section 191(1)(b) Cr.P.C. against the revisionist. In this criminal revision a counter affidavit along with the stay vacation application has been filed by Mangal Singh respondent No. 2 but no rejoinder affidavit has been filed by revisionist till date. Criminal Misc. Application No. 1703/06 has been filed by Mangal Singh applicant (respondent No. 2 in criminal revision No. 1567'03) with the prayer that the order dated 2.12.2005 passed by Sessions. Judge/Fast Track Court III, Jalaun at Orai, in ST. No. 118/04 State v. Narayan Singh and Anr., be quashed. It is further prayed that the trial court/FTC, III Jalaun at Orai be directed to decide the prosecution"--- application---..." dated 17.12.2004 (annexure 9) by which the prosecution has prayed for summoning Devendra Singh (respondent No. 2 in criminal application No. 1703/06 and revisionist in the criminal revision No. 1567/03) to stand the trial along with other co-accused persons.

(3.) Factual matrix of the case is that on 17.9.2000 at 5.50 P.M. Mangal Singh informant lodged a FIR (annexure 1) at P.S. Ait, district Jalaun against the three accused persons namely Narain Singh, Devendra Singh (revisionist in criminal revision No. 1567/03 and respondent No. 2 in criminal misc. application No. 1703/06) and Mahendra Singh, Under Section 307/504 IPC. The incident was said to have taken place at the door of the informant on 17.9.2000 at 5 P.M. in which Harish Chandra had received gun shot injuries. Injured Harish Chandra was got medically examined on 17.9.2000 at " P.M. through constable CP 473 of P.S. Ait, in district hospital Orai who had sustained and 14 injuries, out of which 13 were caused by gunshot. His x-ray report, annexure 3, indicates presence of radio opaque metallic density shadows confirming that he did receive fire arm injuries The x-ray of the injured Harish Chandra was got done on 22.9.2000 by Radiologist in district hospital Orai. The injured was admitted in Medical College Jhansi on 18.9.2000 and was discharged on 19.9.2000 for further treatment at Dr. Rajendra Prasad Center for Ophthalmic Sciences. New Delhi. Harish Chandra was admitted on 18.10.2000 in the aforesaid center and was operated upon for his eyes. He was discharged on 21.10.2000.