Raj Mani Chauhan, J. - (1.) HEARD learned Counsel for the revisionists, learned A.G.A. and learned Counsel for the opposite party No. 2 as well as perused the record.
(2.) THIS criminal revision under Section / of the Code of Criminal Procedure (hereinafter referred as to "Code") has been directed by the revisionists Ateeq, Naseem and Mujeeb, all sons of Saifuddin, resident of village Aant, Police Station Misrikh, district Sitapur against the order dated 3.9.2009, passed by the learned Additional Sessions Judge/Court No. 7, Sitapur in Sessions Trial No. 536 of 2005 (Case Crime No. 807 of 2000); State v. Munne and Ors. under Sections , , , , , , I.P.C., police station Kotwali, district Sitapur whereby the learned Additional Sessions Judge has allowed the application No. 109 kha filed by the prosecution under Section of the Code and summoned the accused -revisionists to face trial in sessions trial as mentioned above. The relevant facts giving rise to the present revision may be summarized as under: The complainant Nishat Mirza son of Sayeed Mirja, resident of village Aant, Police Station Misrikh, district Sitapur on 23.5.2000 at 13.58 hours lodged a written report at police station Kotwali, district Sitapur with the allegation that he alongwith his brother Irfan Mirza, Banwari son of Kirti Pasi and Ram Pal son of Hazari Pasi of his village on 23.5.2000 had come to the District Court, Sitapur and they after attending the court of Chief Judicial Magistrate, Sitapur were returning back. As they got down from the northern gate of Sessions Court and hardly proceeded to four steps ahead, the accused Manua son of Lallu Ram armed with 'banka' (meant for cleaning the sugarcane), Sat Prakash son of Lallu Ram armed with 'danda', Munne son of Lallu Ram armed with hockey and Nanhey Pandit armed with 'danda', all resident of village Pantauja, Police Station Misrikh, district Sitapur, Ateeq, Naseem and Mujeeb all sons of Saifuddin, resident of village Aant, Police Station Misrikh, district Sitapur armed with 'danda' and 'baint' came from behind. Accused Ateeq and Naseem exhorted the other accused saying to catch hold his brother Irfan Mirza and cause his death (pakad lo aur jan se mar dalo). All the accused including Ateeq and Naseem caught hold Irfan Mirza. The accused Manua started to give him 'banka' blows. He as well as other raised alarm which attracted a large crowd. They challenged the accused and caught hold the accused Manua with 'banka'. The police personnel present there in the Court premises too cooperated them. The rest accused gave lathi blows to him as well. However, he alongwith others chased them but they successfully escaped away. He just after the occurrence took his injured brother to the District Hospital, Sitapur where he was declared dead by the doctor.
(3.) ON the written report of the complainant, the police of Police Station Kotwali, district Sitapur registered a case under Sections , , , , and , I.P.C. against seven named accused for investigation. The autopsy examination on the deceased was conducted by the Dr. Harsh Sharma, the then Medical Officer Incharge II Battalian P.A.C., Sitapur on 24.5.2000. As per opinion of the doctor, the death of the deceased was due to coma as a result of ante -mortem injuries.;