- (1.)This revision is filed by the accused challenging order dated 20-5-2004 passed by Additional Sessions Judge, Gohad District Bhind in Sessions Trial No. 102/ 2002, whereby the Court below has allowed the application filed by the prosecution under S. 319 of Code of Criminal Procedure (Cr. P.C. for short) and directed to arraign the present petitioner as accused in the said case.
(2.)The brief facts of the case are that a criminal case is filed against Sitaram, Ramniwas, Vedram on the complaint lodged by one Munnalal for committing offence under Ss. 307, 302/34 of Indian Penal Code (I.P.C. for short). Munnalal lodge the report at 10.30 a.m. on 24-2-2002 that his younger brother Rajendra Singh was working in his field. The field of Sitaram and Vedram is adjacent to the field of Rajendra Singh and there is a narrow lane bifurcating the two fields. Bharat and Vasudeo who were relatives of the complainant were also present there. On the boundary of the field some cow-dung cakes were kept, which were owned by Sitaram. Bharat and Vasudeo removed those cow-dung cakes and placed it in the field of Sitaram, which gave rise to the quarrel. Ramniwas who was having 12 bore gun in his hand. Sitaram was having a Katta in his hand, Vedram was having a Farsa in his hand and Shriniwas was having a lathi in his hand attacked Vasudeo and others. Sitaram tried to fire gun shot, but Vasudeo caught hold his hands and he could not fire. Vedram gave a farsa blow to Vasudeo, which caused injury on his head. Ramniwas had fired by Katta, which caused injury to Bharat in his leg, thereafter Bharat fell down. Shriniwas gave a lathi below on the back of Vasudeo. In the meanwhile, Sunder Singh, Sobran Singh, Rammurthi reached the spot and after seeing them, the accused persons ran away from the spot. Bharat died due to gun shot injury. A report of this incident was lodged to the police station and Crime No. 29/2002 was registered against the accused persons.
(3.)During investigation, police recorded the statements of witnesses namely Munnalal, Sunder Singh, Vasudeo, Rajendra Singh, Rammurthi and Mamta widow of Bharat under S. 161, Cr. P.C. These witnesses in their statements under S. 161, Cr.P.C. has supported the case of prosecution. The police, therefore, filed challan against the accused persons for committing offence under Ss. 307, 302/34, I.P.C. The matter was committed to the Sessions Court. During the sessions trial, Mamta widow of Bharat was examined as P.W. 1. In her statement before the Court, she has alleged that the present petitioner has fired gun shot, which caused death of Bharat Singh. On the basis of her statement, prosecution has filed an application under S. 319, Cr. P.C. for joining the accused as a party. This application is allowed by the impugned order. Hence, this revision.