SAJID Vs. STATE OF U P

JUDGEMENT

(1.) HEARD, the learned counsel for the revisionist and the learned A.G.A. for the State and perused the record.

(2.) THE revisionist Sajid has preferred this revision against the order dated 18.8.2009 passed by the Additional Sessions Judge, Fast Track Court No. 2, Kannauj in S.T. No. 197 of 2005, whereby the learned Additional Sessions Judge has summoned the revisionist under Section 319, Cr. P.C. to face trial for the offence under Section 307, read with Section 34, I.P.C. alongwith other accused.

(3.) IT was therefore, necessary and expedient for the learned Additional Sessions Judge to arrive at the conclusion that there was a possibility that the revisionist in all likelihood would be convicted on the basis of evidence adduced during the trial. Such satisfaction could only be recorded after cross-examination of the P.W. 1 Ram Bux and other witnesses if examined. Without cross-examination of P.W. 1 Ram Bux his statement could not be treated as a legal evidence even for the purpose of Section 319, Cr. P.C.