UMA PANWAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been filed by the applicant against the order dated 8-1-2002 passed by Special Judge, Shajapur in Special Case No. 13/01 allowing the application filed by the State against the applicant under Section 319, Cr. PC for proceedings against them as accused in trial.

(2.) THE prosecution case, in brief is that on 29th October, 2000, in the night, one Ramcharan Malviya was done to death. Charge-sheet was filed only against Ashok Parmar, Baijnath Singh and Manoharsingh. They are facing trial before Special Judge, Shajapur. Against these accused persons, charges were framed for the offence under Sections 120, 302, 302/34, IPC as well as under Section 3 (ii) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the charge-sheet, total 36 witnesses have been cited by the prosecution. Out of which 22 witnesses have been examined. Out of remaining witnesses, very few are to be examined by the prosecution as these are formal witnesses. At this stage, the State has filed an application against the present applicants praying for unpleading them as accused as per provision under Section 319, Cr. PC on the basis of the statements of Prafulla Khanna (P. W. 8), Ramsingh (P. W. 10), Rajaram (P. W. 11), Babulal Malviya (P. W. 16), J. P. Sharma (P. W. 18), R,s. Parmar (P. W. 19) and Gajendra Mathur (P. W. 2 ). The Trial Court, after hearing the parties allowed the application of the State and ordered for issuance of bailable warrant in the sum pf Rs. 500/- each for their appearance before the Court.

(3.) COUNSEL for the applicants submitted that even if complete statements of the aforesaid witnesses are accepted there is no material worth for invoking provision under Section 319, Cr. PC. There is no iota of evidence in the statements of these witnesses on the basis of which it could be informed that they had entered into conspiracy for commission of murder of Ramcharan Malviya along with other accused persons who are facing trial. Copies of the statements of these witnesses have been filed, they are taken on record.