KAILASH NATH KATIAR Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition, the petitioner has called in question the propriety and pregnability of the order dated 27-8-96 passed by the Trial Court allowing the application filed on behalf of prosecution under Section 319 of the Code of criminal Procedure, 1973 (in short 'the Code') and thereby arraying the present petitioner as an accused.

(2.) NO exhaustive statement of facts are necessary for the disposal of this petition. Suffice it to state that five persons namely Bhurelal, Asharam, banne Khan, Mustaque Khan and Bhawani Prasad are being tried for the offences punishable under Section 302/34 of IPC. After committal, the charges were framed against these five accused persons. Since, accused persons denied the charges, the prosecution started examining its witnesses. P. W. 13 Aamna Bi and P. W. 14 Batul Bi are examined as eye witnesses. In their deposition, apart from other accused persons, they also named the present petitioner and stated that he also assaulted the deceased by lathi. Eventually, an application under section 319 of the Code was filed by the prosecution which has been allowed by the impugned order. Hence this petition.

(3.) THE ground which is taken in this petition is that the evidence of above said two witnesses is flimsy and in absentereo of the petitioner, the application should not have been allowed. According to the petitioner, his act is not Actus reus and, therefore, learned Court below erred in law by allowing the application under Section 319 of the Code and arraying the present petitioner as an accused.