SUNNY GAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two revisions are connected with the common order dated 3.7.2012 passed by the learned Sessions Judge, Rewa in S.T.No.135/2008 and therefore, decided by a common order.

(2.) The applicant Sunny Gaur (hereinafter he will be referred to as 'Applicant/accused') of criminal revision No.1291/2012 has challenged the impugned order dated 3.7.2012 passed by the learned Sessions Judge, Rewa in S.T.No.135/2008, whereby he was included in the list of accused persons under section 319 of the Cr.P.C., whereas the criminal revision No.2457/2012 has been preferred by the applicant Vinod Kumar Mishra (hereinafter he will be referred to as 'Applicant/applicant'), in which he has challenged the impugned order to add the remaining persons to be accused in the case, by an application under section 319 of the Cr.P.C. filed before the trial Court.

(3.) The facts of the case, in short, relating to the present revisions, are that, on 2.9.2008, at about 7 a.m. in the morning, some unemployed villagers of their association gathered before Vindhya Gate of JP cement factory, Naubasta, District Rewa. They demonstrated to get their demands fulfilled. They demanded that the applicant/ accused Sunny Gaur should come to the gate to receive their memorandum but, the applicant/accused did not accept their demand. Thereafter, to maintain the law and order, the authorities decided that the demonstrators be arrested and sent to the jail in various buses. One bus was also parked near the Vindhya Gate. Thereafter, the demonstrators started using their sticks and pelted stones upon the officers of the administration of the factory as well as the district administration and police including the guards of the factory. They damaged the buses, some motorcycles and they tried to destroy the Vindhya Gate. Some firing was done and one Raghvendra Singh Behra succumbed to the injuries due to firing, whereas 42 other persons were alleged to be injured in that firing. An FIR was lodged by Rajbahadur Singh, brother of the deceased, by way of a Dehati Nalshi and case was registered but, in investigation no one supported the case of the complainant that the firing was done by the applicant/accused Sunny Gaur and therefore, the case was registered against two security guards namely Sanjay Kumar Singh and Raghunandan Singh. In investigation, the police found that those two security guards were responsible for firing and therefore, a charge-sheet was filed against two security guards. The trial Court has examined as many as 27 witnesses, prior to the filing of the application under section 319 of the Cr.P.C., whereas the complainant Rajbahadur Singh (P.W.4) did not support his own FIR, Ex.P/4. Some witnesses like Rajbahadur Singh (P.W.20), Rajababu (P.W.21) and Chandrashekhar Singh (P.W.24) have stated that the firing was done by the applicant/accused Sunny Gaur initially and thereafter, the fire was done by Rajnesh Gaur, K.P.Sharma, Ajay Singh Rana, Shivshankar Choubey, Ramesh Gupta and others and so many persons of the crowd sustained injuries. On the basis of the evidence given by said witnesses, the applicant/applicant has filed an application under section 319 of the Cr.P.C. to add the applicant/accused and other persons like Shivshankar Choubey, Rajnesh Gaur, K.P.Sharma etc. to be accused in the case. The learned Sessions Judge vide the impugned order, partly allowed that application and name of the applicant/accused Sunny Gaur was added and remaining application filed by the applicant/applicant was dismissed.