RAMA KANT SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been preferred against the order dated 15.11.2014 passed by Additional Sessions Judge, Court No.09, Gonda in Sessions Trial No. 95 of 2014 (State Vs. Shrawan Kumar and others) arising out of Case Crime No. 351 of 2013 under Sections 147, 148, 149, 304 , 323, 506, 324 and 325 I.P.C., Police Station Mankapur, District Gonda, by means of which application moved by prosecution under Sec. 319 for summoning opposite party no.2 to 5 has been rejected.

(2.) Brief facts giving rising to this revision are that F.I.R. was lodged on 07.12013 by complainant Rama Kant in Police Station Mankapur, District Gonda that on 07.12013 at about 7.30 a.m. his son Hanuman Prasad was cutting cattle fodder in fodder machine, meanwhile Radheshyam, Dadhichi, Sharwan Kumar, Uttam Shukla, Adya Shankar, Daya Shankar, Bhawani Sahai, Ram Shankar, Shiv Shankar and Radhye Shayam armed with "lathi-danda" and "Kulharhi" came in and started beating him. Wife of the complainant Smt. Durga Devi raised alarm and tried to save Hanuman Prasad and in attempt to save him she also lied over her son. Responding to her hue and cry the complainant and other family members rushed towards the place of occurrence. Accused Shrawan Kumar and Dhadhichi were beating his son and his wife Dhadhichi gave a fatal blow on head of his wife Durga Devi with his "lathi" resulting in her death immediately at spot. In this mar-peet Hanuman Prasad, Romi, Guriya and Kamal also suffered injuries. On receiving information police reached the spot and took injured persons to Mankapur hospital, where Durga Devi was declared dead by doctors. F.I.R. was lodged and investigation was conducted culminating into filing of charge-sheet except against Daya Shanker, Ram Shanker, Ravi Shankar, Adaya Shankar and Uttam Shankar. After examination of witnesses an application under Sec. 319 Crimial P.C. was moved by prosecution to summon Daya Shanker, Ram Shankar, Ravi Shankar, Adaya Shankar and Uttam Shankar as accused on the ground that the witnesses examined in Court, have named these persons as accused and they were also assailant. However, after hearing prosecution, Additional Sessions Judge, Court No.9, Gonda rejected the application moved under Sec. 319 Crimial P.C. on the ground that the evidence adduced by prosecution was not prima facie sufficient to conclude trial into conviction of above named persons.

(3.) Feeling aggrieved by the order dated 15.11.2014 passed by Additional Sessions Judge, Court No.9, Gonda the complainant has preferred this revision.