MAHESH CHANDRA MISRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is directed against order dated 2/02/1998 passed by Sessions Judge, Mainpuri by which process has been issued against the revisionists on the application filed by the prosecution under Section 319, Cr. P. C.

(2.) The facts of the case are somewhat unusual. According to F.I.R. (Annexure-1) lodged by complainant Ashok Kumar Dixit, opposite partyNo. 2, he had to go to ease himself at 1.00 a.m. in the night intervening 10th/ 11/04/1992. He found that as usual truck No. U.P.-77/9264 belonging to his brother, Indresh Kumar Dixit, was parked nearby. His brother Indresh Kumar Dixit and the driver of the truck, Alok Kumar Dixit, were sleeping on the roof of the cabin of the truck. Suddenly driver Alok Kumar Dixit started the truck and switched on the head lights of the truck. As soon as he did so, six persons namely Mahesh Chandra, Ganesh Chandra, Ajay Kumar, Kamlesh Kumar, Yogesh Kumar and Jayant Kumar (revisionists) together with three unknown persons boarded the truck and the driver, Alok Kumar Dixit, took the truck towards Bewar. Complainant's brother Indresh was raising an alarm from the roof of the cabin of the truck. It is the further case of complainant Ashok Kumar Dixit, O.P. No. 2, that he immediately went home and with the help of his brothers, Ratnesh and Pawanesh, followed the truck on a scooter. Near Kushmara town they saw the truck standing and saw the above mentioned persons causing injuries to Indresh by knives and jack-rod of the truck. Ashok Kumar Dixit and his brothers challenged the assailants who fled away and they found their brother, Indresh, lying dead.

(3.) On the basis of this report a case under Sections 147, 148, 149 and 302, I.P.C. was registered by the local police. After investigation the police filed a charge-sheet against Alok Kumar Dixit alias Uddo, driver of the truck, and one Satish alias Khunwa who was not named in the F.I.R.