RAGHURAJ Vs. STATE OF U P

JUDGEMENT

(1.) "can a criminal Court alter or review its judgment or final order?" is one of the points that falls for consideration in this revision, which has been preferred against the order dated 15-4-2004 passed in S. T. No. 148 of 2002 (State v. Samai Singh)under Section 302 I. P. C. by Sri Vinod Kumar yadav, the then Addl. Sessions Judge, F. T. C. 1st (Court No. 7), Gautam Budh Nagar, who suo motu exercising the power under Section 319 (1) of the Code of Criminal Procedure altered earlier order and summoned the revisionists to face trial together with chargesheeted accused.

(2.) THE facts leading to the filing of this revision, in brief, are that an F. I. R. was lodged by O. P. No. 2 Samai Singh s/o Duli chandra resident of Mohalla Kotetariyan, kasba Jewar, District Gautam Budh Nagar on 7-12-2001 at P. S. Jewar, where a case under Section 302 I. P. C. was registered at crime No. 178 of 2001 against the first informant himself. It was averred in that F. I. R. by the first informant that he committed the murder of his wife Smt. Lajjawati in the previous night at about 11. 00 p. m. Thereafter, an application was given at P. S. Jewar on 7-12-2001 by O. P. No. 3 Karan Singh s/o samai Singh r/o Village Arniyan Mansurpur, p. S. Khurja Nagar, District Bulandshahar, who is the father of the deceased Lajjawati. It was alleged in that application by Karan singh that murder of his daughter Lajjawati has been committed by Raghuraj Singh, samai Singh, Than Singh and Des Raj, all sons of Duli Chandra, Man Singh s/o Des raj, Chandrawati w/o Raghuraj, Kapali d/ o Duli Chandra, Khacheru s/o Raghuraj and duli Chand s/o Inami by hanging her. After investigation of the case, chargesheet was filed against O. P. No. 2 Samai Singh only. On the case being committed to the Court of Session, S. T. No. 148 of 2002 was registered against O. P. No. 2 Samai Singh, who was put on trial. After recording the statements of Karan Singh (P. W. I), Km. Aarti (P. W. 2), Ran Singh (P. W. 3) and Smt. Urmila (P. W. 4), an application under Section 319 of the Code of Criminal Procedure ("cr. P. C. " for short)was moved on 13-11 -2002 in aforesaid Session Trial by A. . D. G. C. (Criminal)to summon Raghuraj Singh and Than Singh to face trial together with chargesheeted accused Samai Singh. That application was rejected on merit by the Sessions Judge, gautam Budh Nagar vide order dated 13-11-2002. Thereafter, Addl. Sessions Judge/f. T. C. 1st, gautam Budh Nagar without taking any other evidence suo motu passed the impugned order on 15-4-2004 and summoned the revisionists to face trial under section 302/34 I. P. C. Hence, this revision.

(3.) I have heard Sri Pradeep Kumar bhardwaj, learned counsel for the revisionists and learned A. G. A. representing the state. None is present for opposite party Nos. 2 and 3 although notices have been served on them.