JAGDISH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This revision has been preferred by the accused Jagdish Singh against the order dated 14-10-1998 passed by learned 7th Additional Sessions Judge, Gwalior. In Sessions Trial No. 215/98, whereby the learned trial Court has taken cognizance against the petitioner under the provision of Section 193, Cr. P.C.

(2.) In brief, the prosecution story is that in the night of 29-11-1997 complainant Wakil Singh and his maternal uncle Rameshwar Gurjar (injured) were going to sleep in their garage situated in village Sunarpura. When they were talking, suddenly accused Kalla alias Kalyan Singh Gurjar armed with 'Katta', Kartar Singh armed with 'lathi', Ramesh Gurjar and Jagdish Gurjar (petitioner) armed with 'Katta' came at the window of the garage and on exhortation of Kartar Singh, Ramesh fired his 'Katta' at Rameshwar causing injury on his left hip. When Rameshwar got up and sat on the cot, then accused Kalla fired another shot, which hit on the right side of his chest. It is said that Jagdish Singh also fired his 'Katta' at Rameshwar, but his shot did not find its mark and bullet hit at the wall of the garage. Accused persons then ran away. FIR of the incident was lodged by Wakil Singh, wherein he had named the petitioner along with others as one of the accused. On such report, a case under Section 307 of IPC was registered. During investigation, statements of Wakil Singh, Kirshen, Ram Prakash, Dashrath, Sarju Bai and Uday Singh were recorded under Section 161, Cr. P.C. They also named the petitioner as one of the assailants.

(3.) After investigation, the charge-sheet under Section 307, IPC was filed against the accused persons in the Court. However, the petitioner was not arrayed as accused. Learned Magistrate committed the case to the Court of Session for the trial. At this stage, the complainant as well as the prosecution filed application before the Court of Session for taking cognizance against the petitioner, who was not arrayed as accused in the charge-sheet by the police. Learned Sessions Judge on the basis of allegations made in the FIR as well as in the statements recorded under Section 161, Cr. P.C. wherein the name of the petitioner was mentioned as one of the assailants, took cognizance against the petitioner in exercise of jurisdiction under Section 193, Cr. P.C. and ordered the issue of warrant against the petitioner.