SHIVLAL Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by an order dated 20 th April, 2011 in Sessions Case No. 126/08, by the Additional Sessions Judge Lahar, district Bhind (M.P.), dismissing thereby an application under Section 319 of Cr.P.C. for taking cognizance against proposed accused Chandu and Manoj for their prosecution with other co-accused, namely, Mannobai, Rakesh Gusai, Pappu @ Nadiya and Suresh @ Khappa for commission of offence punishable under Sections 302 of I.P.C., the present revision has been submitted.

(2.) The facts in short, just for the decision of this revision are that in the intervening night between 23 rd and 24 th February, 2007, it is alleged that one Jagat Singh, s/o complainant was killed by the accused, whose dead-body was found lying on the platform of the house of one Ramsiya on 24/2/07, by the complainant. The matter was reported to the police by the complainant on the basis of which a Marg was registered and the investigation was started. During inquiry and the evidence, it was gathered that the accused Mannobai, Rakesh, Pappu and Suresh had committed the murder of the son of the complainant and therefore, offence under Sections 306/201/34 of I.P.C. was registered against them at Crime No.22/08. Accordingly, after completion of usual investigation, the charge-sheet was filed against the accused. After commencement of trial, the father of deceased filed the application under Section 319 of Cr.P.C., which was rejected as mentioned above, hence, this revision.

(3.) The contention of the learned counsel appearing for the petitioner is that the impugned order under revision is bad in law, illegal and arbitrary. It is contended that the petitioner lodged the report against all the accused but the Investigating Officer did not investigate the matter in a proper manner and filed the charge-sheet only against four of the accused mentioned above. It is submitted that the trial Judge did not consider the court statement of the petitioner/complainant while deciding his application under Section 319 of Cr.P.C. Hence, it is prayed that by allowing the revision, the impugned order be quashed and the trial Judge be directed to proceed against the persons mentioned in the application under Section 319 of Cr.P.C., after taking cognizance against the accused.