(1.) This criminal revision has been Cited to challenge an order dated 29-10-2005 passed by the III Addl, Sessions Judge. Jalauri at Orai, in ST No. 92 of 1995; State v. Bhanu Kachhi, summoning the re visionists under Section 319. Cr, P/C. for an offcnce punishable under Section 302, IPC.
(2.) The principal ground for challenging Lin- impugned order was that earlier on 5-4-1997, after examination of the informant (brother of the deceased) P.W. 1 Brijesh Kumar, the trial Court had refused to summon the revisionists. Thereafter, after the examination of P.W. 2 Smt. Kanti and P.W. 3 Daya Ram (mother and father of the deceased, respectively) by the impugned order dated 29-1-2005 the revisionists were summoned on the fresh application under Section 319. Cr. P,C. ft was argued by the teamed counsel for the revisionists that the said order amounted to a review of the earlier order dated 5-4-1997 whieh was prohibited under Seelion 362, Cr. P.O. Mao, there was want til legal evidence f.o as to justify the order datttd 29 1-2005 summoning the revisionists.
(3.) I shall proceed first to consider the question whether there was want of legal evidence for summoning the revisionists. P.W. 1, Brijesh Kumar, had deposed in his evidence in Court on 15 12-1995 that the deceased Rajesh alias Munnu Soni was his younger brother. On 14-12-1992 atataout 6 p.m. two co-accused Bhanu Kachhi and Rajendra Kachhi came to his house and deceptively took away his brother. When his brother did not return back till 7 30 .p.m. they searched for him. but they eould not find the deceased. The next day the deadbody of the deceased was found lying in a culvert in mohalla Gokhale Nagar He thereafter lodged the report (Ext.. Ka 1). He further stated that there was old enmity between his brother and the revisionists Brij Nandan Nilgairh and Priya Nagaieh, The assailants Bhanu Kaehhi and Rajendra had been hired by these persons who were instrumental in getting his brother murdered. The deceased Munnu Soni had given evidence for the. police in a case of 1999 of a theft of a statue against Priya Nagaieh, Brij Nandan Nagaieh and one Ashok Shukla (who died during trial). The deceased had even complained about the theft of the statue to the DIG. Jhansi. Home Secretary, U.P. Lucknowv DM, Jalaun al Orai, SSP Jalami at Urai, Home Ministry. Lucknow, whose carbon copies were filed and proved by this witness and the said documents were composilely marked as Ext. Ka, 2- The deceased had given another application that there was danger to his life from Brij Nandan. Priya Nagaieh and Ashok Shukla to the higher authorities whose copies were filed as Ext. Ka-3 by the witness. The receipts of the complaints to the higher authorities were filed as Ext, Ka 4 by the witness- However, in spite of the. aforesaid deposition by Brijesh Kumar, the learned judge was pleased to reject the first application No, 10 Ka for summoning the revisionists on 5-4-1997,