RAM KISHAN YADAV Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred by the petitioners feeling aggrieved with the order dated 11th April, 2007, passed by Second Additional Sessions Judge (Fast Track), Datia, M.P. in Sessions Case No. 1/07 whereby, the learned Judge has taken cognizance against the petitioners under the provision of Section 319 CrPC for the offence punishable under Sections 147,148 and 302/149, 323/149 and 294 of IPC. There is no dispute on the following facts in both the parties.

(2.) In addition to the aforementioned admitted facts, Shri Pateria has stated that during investigation, total 25 witnesses were examined, out of them only six witnesses have supported the prosecution story about beating the injured and the deceased by all the 11 accused persons including the present petitioners. Rest of the 19 witnesses did not speak anything against the petitioners. Out of those 19, three were the eyewitnesses. After investigation, the learned Investigating Officer came to the conclusion that the petitioners were not present at the spot, hence he did not file challan against them. Without considering this fact, the learned Judge has passed the impugned order, which is erroneous on this point. That apart, without providing an opportunity of hearing to the petitioners, passing the impugned order against them is erroneous on this count also.

(3.) Shri Sihare has submitted that in the FIR and in the statements of material eyewitnesses, the names of present petitioners have appeared among all the assailants. He has further submitted that during trial, witnesses Hakim Singh (PW4) and Awdeshbai (PW2) have stated against the petitioners and it is sufficient evidence for justification of the impugned order.