SATENDRA Vs. STATE OF U P

JUDGEMENT

(1.) - This revision has been filed against the order dated 26.9.2007 passed by Sri A.K. Misra, Addl. Sessions Judge Court No. 12, Bareilly in S.T. No. 844 of 2006, State v. Devraj and others.

(2.) SINCE the point involved in this revision is legal one and it is a State Case under Sections 307 and 504 I.P.C., I have heard the learned Counsel for the revisionist as well as the learned A.G.A. for the State and I am deciding it on merits without issuing any notice to the complainant Opposite Party No. 2. . .

(3.) THE police on the basis of above report registered the case as Case Crime No. 108/06 against all the above named accused persons under Sections 504, 307,1.P.C. However, after completion of investigation the police submitted charge -sheet against Deoraj and Rajoo only. No charge -sheet was submitted against the remaining accused by the I.O. asserting that they have been falsely implicated and they were not present on the spot at the time of the incident. The case was committed to the Court of Sessions against the above named two accused only and it was transferred for trial to the Court of Add). Sessions Judge Court No. 12 who framed charges against Deoraj Singh and Rajoo under Sections 307 and 504 I.P.C. Thereafter the case was listed for evidence and statement of Banti Singh P.W. 1 was recorded. He stated in his statement that at the time of incident he along with his brother was at his house when the accused Satendra Singh, Rakesh and Deoraj came to his house arid took his brother Mahesh with them and when Mahesh did not return back even after waiting for a long time he went to the house Of Deoraj where he saw that Deo Raj, Rakesh, Rajoo and Satendra were present having pistols in their hands and they were abusing his brother. Deoraj asked his companions to murder Mahesh Singh and then Deoraj and Rajoo fired On Mahesh from their pistols and the fire done by Deoraj hit Mahesh. Then Banti Singh and his companions challenged the accused persons. Then the accused ran away. After recording of his above examination -in -chief On 10:5.2007, the prosecution moved an application for summoning Satendra and Rakesh as accused under Sections 319, Cr.P.C. That application was allowed by the learned Addl. Ses ­sions Judge vide his order dated 26.9.2007. Aggrieved with that order, the accused Satendra and Rakesh have filed this revision.