BASIRAN BEWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Present revision petition is preferred against the impugned order dtd. 30/10/2021, passed in Sessions Case No. 128/2018, whereby the learned Additional Sessions Judge has rejected the prayer of the petitioner to invoke the Sec. 319 CrPC to summon the 7 (seven) nos. of persons as additional accused to face the trial.

(2.) I have heard Mr HRA Choudhury, learned Senior Counsel, assisted by Mr A Roshid, learned counsel for the petitioner. Also heard Mr M K Hussain, learned counsel for the respondent Nos. 2 to 8, and the learned counsel for the State respondent No. 1.

(3.) The petitioner, herein, as an informant lodged an FIR dtd. 4/5/2014, against 24 nos. of accused persons and others named in the FIR, alleging that they trespassed into the house of the informant with weapons in their hands and tried to kill the petitioner to which she escaped and thereafter, the FIR-named accused persons looted away cash amount of Rs.50,000,.00 gold ornaments and also burnt down her house by pouring kerosene oil. On the facts, Matia PS Case No. 65/2014 under Sec. 120(B)/147/148/448/384/436/427/506 IPC was registered and after completion of the investigation, charge sheet was laid on 12/5/2016. The case proceeded for trial and after examination of all the witnesses and recording of statement of accused under Sec. 313 CrPC, the informant/petitioner through Public Prosecutor, filed a petition under Sec. 319 CrPC, as aforesaid, as the said respondents were not sent up by Police in the charge sheet. Learned trial Court after hearing both the parties, and considering the matters on record, rejected the petition, primarily on the grounds that except the informant/PW-1 and her brother/PW-8, none of the witnesses, supported the facts that these seven accused persons were also present with other accused persons, and the said PW-1 and PW-8 also did not state the same before the 10 during investigation and their statement is contradictory, and thirdly the petition was filed at the last stage of the trial, when statement of the accused person under Sec. 313 CrPC (except one) has been recorded and there is no merit in the petition.