SHIV KUMAR ALIAS SHIBBU Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Revision under Section 397 / 401 of CrPC has been filed against the order dated 06/12/2017 passed by Fifth Additional Sessions Judge, Bhind in Sessions Trial No.243/2015, by which the application filed by the applicant under Section 319 of CrPC for impleading the respondent No.2- Kishankant as an additional accused, has been rejected.

(2.) The necessary facts for the disposal of the present revision in short are that the applicant is the complainant in Sessions Trial No.243/2015 pending in the Court of Fifth Additional Sessions Judge, Bhind in which the other accused persons, namely, Rajni, Sunil and Shivkant are facing trial for offence under Section 302 read with Section 34 of IPC.

(3.) It is submitted by the counsel for the applicant that the evidence of the present applicant was recorded and he has specifically stated that on 10th February, 2015 at about 10:00-10:30 am his brother was standing outside the shop and he was standing by the side of the shop. At that time, on two motorcycles, the accused Shivkant, Sambhu, Sunil, Kishankant and Rajni came to the shop of his brother. The accused Sunil and Sambhu entered inside the shop and the accused Rajni pointed towards the shop and instigated to fire a gunshot. When his brother tried to run away, all the persons surrounded him and the co-accused Sambhu fired a gunshot, as a result of which his brother expired. An application under Section 319 of CrPC was filed by the applicant on the ground that he had disclosed the name of the respondent No.2 in his Dehati Nalishi but the police did not file the charge sheet against respondent No.2 Kishankant and since the applicant in his Court evidence has specifically stated the presence of respondent No.2- Kishankant, therefore, he may be summoned as an additional accused.