LAL SINGH Vs. STATE OF UP

JUDGEMENT

(1.) THIS is an application under Section 482, Cr.P.C. to quash the order dated 1.8.2007 passed by A.S.J./Fast Track Court No. 3, Mainpuri in Session Trial No. 119/2007, State v. Bijendra Singh, under Sections 307, 504, l.P.C. Police Station Bichwan, District Mainpuri.

(2.) THE facts relevant for disposal of this application are that on 25.7.2006 a F.I.R. was lodged by Jabar Singh, Opposite Party No. 2 against Bijendra Singh and his brother Lal Singh (the present applicant) at P.S. Bichwan, District Mainpuri with these allegations that on 24.7.2006 at about 8.00 P.M. when he was at his house, the accused Bijendra and Lal Singh, who were drunk, came to his house and started to abuse him. Jabar Singh asked them not to abuse. Then Lal Singh gave an axe blow to him but Jabar Singh escaped injury. Bijendra Singh fired from his country -made pistol upon Jabar Singh but the fire hit his wife Sri Devi on her head. She was seriously injured. Then he took her to the district hospital for treatment but the doctors asked him to bring Chitthi Majroobi from the Police Station. Then he went to police station along with his wife and lodged the report.

(3.) THE case was committed to the Court of Sessions by the Magistrate, where charges were framed against the accused Bijendra Singh under Sections 307 and 504, I.P.C. Thereafter statement of Jabar Singh was recorded as P.W. 1 who named both the accused persons in his examination -in -chief and further stated that Lal Singh had given axe blow to him but he escaped the injury then an application was moved from the side of the prosecution to summon Lal Singh as an accused under Section 319, Cr.P.C. That application was allowed by the learned Additional Sessions Judge vide his order dated 1.8.2007. Against that order, the accused Lal Singh filed this application under Section 482, Cr.P.C.