SARVESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred by the revisionists against the order dated 4-3-2009 passed by Addl. Sessions Judge, Fast Track Court No. 1, Shahjahanpur in S. T. No. 312 of 2006 under section 302 I. P. C. relating to police station Kalan District Shahjahanpur whereby allowing application under section 319 Cr. P. C. summoning the revisionists for trial in the aforesaid case alongwith other co-accused.

(2.) HEARD learned counsel for the revisionists, Sri S. R. Verma, learned private counsel appearing from side of opp. party no. 2 and perused the annexures filed in the revision supported by affidavit.

(3.) LEARNED counsel for the revisionists has submitted that during course of investigation neither informant nor any person has disclosed name of the revisionists and from perusal of evidence tendered on behalf of prosecution, it is prima facie evident that the revisionist has been falsely implicated by means of impugned order. A development of new story during trial against the revisionists does not warrant for summing revisionists under section 319 Cr. P. C. Learned private counsel has submitted that there was ample evidence against the revisionists showing their involvement in the commission of offence and this was the reason that the trial court has allowed application under section 319 Cr. P. C. and summoned revisionists for facing trial alongwith other accused persons.