ABDUL KARIM KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The order passed in this revision shall also govern the disposal of Criminal Revision No. 127 of 1992 (Ali Sher Khan v. The State of Madhya Pradesh).

(2.) The two revisions are directed against the order dated 21-4-1992 passed in Sessions Trial No. 234/91, in a trial under Section 307/34 of the Indian Penal Code, by the VIth Additional Sessions Judge, Gwalior, Camp Dabra, whereby on the application of the complainant the Court ordered under Section 319 of the Code of Criminal Procedure, 1973 (for short 'the Code'), to add 3 persons, namely, Abdul Karim Khan, Yusuf Khan and Ali Sher Khan, as additional accused to be tried together with the other accused to stand trial.

(3.) Facts giving rise to the two revisions are that Abdul Rashid, the complainant, lodged the first information report at the Police Station Pichhore, on 26-12-1990 stating therein that when the complainant with his son Maqbool and 3 others, Mohan Padey, Ghanshyam Singh, Chhakka, was returning to his home, in the intervening night of 25th and 26/12/1990, after attending the Qabali programme in Ursa, in Pichhore, near the flour mill of Jahoor, Niyamat beg, Habib, Sultan Beg Yusuf Khan, Abdul Karim and Shakeel, son of Latif Khan, armed with swords came out of the house of Ali Sher Khan and surrounded him with an intention to kill him, inflicted incised wounds on different parts of the body of which specific injuries were assigned to each of the accused. On his report a case under Sections 147/148/149 and 307 of the Indian Penal Code was registered at Crime No. 151/90 by Police-Station Pichhore. During the investigation, the Investigating Officer found that the two revision petitioners, namely, Abdul Karim Khan and Yusuf Khan were not present at the spot at the time of occurrence as were not in the village being on duty in the office of Superintendent of Police Morena, being the members of the Police Force. Similarly Ali Sher Khan was also not at the spot and was on duty in Sugar Factory at Dabra. Certificate of attendance in the office of the Superintendent of Police, Morena and at Sugar Factory was also made a part of the documents of the investigation. After completion of the investigation, a charge sheet under Section 173 of the Code was filed against Niyamat Beg, Abdul Habib, Abdul Shakeel and one Sultan Beg under Section 307/34 of the Indian Penal Code and not against the three revision-petitioners. The Magistrate under Section 209 of the Code committed the case to the Court of Session. After committal of the case and on perusal of the challan papers the charge under Section 307/34 of the Indian Penal Code was framed against the four accused. After the charge was framed, the complainant filed an application under Sections 319, 209 and 193 of the Code for additing and to summon the three additional accused to be tried for the offences together with the accused persons who stand to trial. The trial Court on perusal of the material of the challan papers, that is, the first information report, statement recorded during the investigation, having been prima facie satisfied that it appears from the material that the three accused also are the offenders but the investigating agency has not sent them for trial, ordered addition and summoning of the revision-petitioners to stand their trial together with the accused persons against whom the trial is proceeding. Aggrieved of this order the petitioners have filed these revisions.