JUNED PAHALWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Shri V.P. Srivastava, learned senior counsel for the revisionist and learned Additional Government Advocate.

(2.) THIS criminal revision has been filed challenging an order dated 13.8.2009 passed by the learned Additional Sessions Judge/Special Judge (DAA), Kanpur Dehat in SST No. 200 of 2008 summoning the revisionist in a case under sections 302/394/504/506 IPC, police station Bhognipur, Kanpur Dehat in exercise of powers under section 319 of the Code of Criminal Procedure.

(3.) LEARNED trial judge observed that it was probable that the injuries to the deceased could have been caused by the DBBL gun as only one other accused Hasnain was carrying a "Pauniya" and the other accused were armed with rifles. He was, therefore, prima facie satisfied that it appeared from the evidence that the revisionist was involved in the incident. He was not impressed with the alibi evidence accepted by the investigating officer, who had recorded the 161 Cr.P.C. statement of the revisionist wherein the revisionist was said to be admitted at PHC, Naukha Rath between 30.4.2008 and 2.5.2008 for diarrhoea and vomiting.