(1.) The revisional powers of this court are invoked to assail rejection of an application u/S. 319 CrPC preferred by the prosecution in S.T. No. 26/17 pending before Additional Sessions Judge Seondha District Datia arising out of an incident which took place on 4/9/16.
(2.) A Dehati nalisi was lodged where respondents No. 4, 5 and 6 alongwith respondents No. 1, 2 and 3 were alleged with giving kick and fist blows to the deceased Prakash Yadav. The said incident was witnessed by PW-1 and PW-2 namely Sanjeev and Ramswaroop who in their statements recorded u/S. 161 CrPC disclosed the name of all six respondents.
(3.) Pertinently, it has been apprised by the learned counsel for respondent herein that S.T. No. 26/17 stands concluded by judgment dated 27/11/18 where respondents No. 1, 2 and 3 herein have been acquitted of the charge of murder by giving them benefit of doubt based on contradictory statements of eye-witnesses recorded during investigation and during their examination before the court.