SATVIR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri M.J. Akhtar, learned counsel for the revisionist, Sri Vindeshwari Prasad, learned counsel appearing on behalf of opposite party no. 2, learned A.G.A. and perused the record annexed with this revision.

(2.) The present criminal revision has been preferred with the prayer to set aside the judgment and order dated 20.09.2016, passed by Additional Sessions Judge/Special Judge, SC/ST Act, Amroha, in Sessions Trial No. 4 of 2016 (State vs. Munnu and others), under Section 307, 323, 506 I.P.C, arising out of Case Crime No. 248 of 2015, Police Station Naugawan Sadat, District Amroha (J.P. Nagar).

(3.) Brief facts are that an application was filed by the prosecution which is annexed as Annexure No. 5 to the present criminal revision stating that Amit Kumar (informant) lodged a FIR naming four persons. After investigation, the Investigating Officer submitted charge sheet against Munnu & Bania and other two accused namely Rajendra & Satvir were exonerated. During trial the statements of PW-1 and PW-2 were recorded. They gave statements against accused Rajendra Singh and against him there is sufficient evidence showing his involvement in the crime. It is a day light case and the witnesses saw the accused Rajendra Singh and identified him. He was involved in the commission of offence. He was named in FIR, therefore, the accused Rajendra Singh should be summoned under Section 319, Criminal Procedure Code.