BHAGWAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the order dated 25.8.2009 passed by the Sessions Judge, Raisin in S.T. No. 15/2008, whereby the application filed by the respondent under section 319 of Code of Criminal Procedure (hereinafter referred to as 'Code') for imp leading the petitioner as accused was allowed, the present petitioner has moved this revision petition.

(2.) Short facts of the case, are that accused Bablu @ Suresh and Sunil were prosecuted in the Sessions trial by the respondent for an offence punishable under section 302 of IPC etc. It was alleged that in the night of 28.3.2006 at about 9.30 p.m., the petitioner went to Khargone from Bareli by a motor-cycle. Gambhir and Sudama, who were working for the petitioner for the entire day demanded him to provide dinner and therefore, he took the witnesses Gambhir (P. W. 12) and Sudama to the Dhaba being run by Bablu Raghuvanshi. At about 9.30 p.m., the petitioner and his companions were taking dinner on a cot behind the Dhaba. Before they could finish their dinner, the deceased Raju Soni came to the Dhaba and demanded that he will also join in the dinner. The deceased was deadly drunk and he was permitted to take some food from the plate of the petitioner. The deceased took a bread in his hand and went to the counter of the Dhaba, where a quarrel took place between the deceased and Bablu Raghuwanshi. Bablu directed the co-accused Sunil to throw the deceased out of the Dhaba. The deceased Raju shouted that he would blast the Dhaba. Thereafter, Bablu and Sunil started assaulting the deceased by hard and blunt objects. The petitioner advised the accused persons not to assault the deceased Raju Soni because he was dead drunk and he was unable to understand his activities. Then Bablu gave a kick on the back of the deceased, so the deceased fell on a staircase and his mouth struck the Earth. Constable Bhojpal, who was taking dinner in the Dhaba directed the petitioner to shift the body of the deceased away from the road and the petitioner shifted the deceased near a water tank and thereafter, the petitioner went away. Constable Bhojpal and Home Guard Rajesh Sharma directed the petitioner that parents of the deceased be informed, so that the parents of the deceased could pick up the deceased when he was alive. Ultimately, Raju Soni died in the Dhaba. After due investigation, the prosecution was initiated against the accused Bablu @ Suresh and Sunil. After examination of more than 18 witnesses, learned Public Prosecutor has moved an application under section 319 of Cr. P.C. to impaled the petitioner as an accused in the case on the ground that he was the person, who was with the deceased when he was last seen alive.

(3.) The petitioner in reply has submitted that it is apparent that the deceased was assaulted by the accused persons and he was alive. No overt-act of the petitioner, was proved, by which he could be made accused in the case.