S.C.AGARWAL,J. - (1.) THIS revision under section 397/ 401 IPC is directed against the order dated 21.5.2010 passed by Additional Sessions Judge, Court No.4, Etawah in Sessions Trial No.292 of 2009 State Vs. Gaurav Kumar @ Pinta and another under section 302 IPC, P.S. Kotwali, District Etawah, whereby the application under section 311 Cr.P.C. filed by Smt. Anita - wife of the deceased Saurabh @ Seetu was allowed and one Jairaj Singh @ Pappu was summoned as a prosecution witness.
(2.) HEARD Sri Manish Tiwary, learned counsel for the revisionist, learned A.G.A. for the State and Sri S.K. Mishra, learned counsel for opposite party no.2. The opposite party no.2 is the wife of deceased Saurabh @ Seetu. Revisionist Gaurav Kumar @ Pinta is the brother of the deceased and co-accused Balram Singh Yadav is the father of the deceased. F.I.R. was lodged on 6.3.2006 at 23:25 hours by co-accused Balram Singh Yadav against unknown persons alleging therein that on 6.3.2006 at about 10:00 p.m., Sri Veer Pal Singh, Former Block Pramukh, informed him on cell phone that his son had been shot and was admitted in the hospital of Dr. Paliwal. The complainant reached the hospital and found his son dead. Subsequently, after investigation, the complainant Balram Singh Yadav and his son Gaurav Kumar @ Pinta (revisionist) were found involved in the crime and charge-sheet was submitted against them. On 12.5.2010, an application was moved by opposite party no.2 under section 311 Cr.P.C. for summoning one Jairaj Singh @ Pappu on the ground that the incident took place at the residential house of Jairaj Singh @ Pappu, who is the eyewitness of the incident. The statement of Jairaj Singh @ Pappu was recorded by the investigating officer in parcha no.8 of 12.4.2006 wherein Jairaj Singh @ Pappu gave an eyewitness account of the incident and stated that Saurabh @ Seetu was murdered by the accused persons. Therefore, Jairaj Singh @ Pappu is an important witness, who has not been cited in the charge-sheet as a witness by inadvertence. Therefore, he be summoned.
(3.) LEARNED trial judge allowed the application 95 Kha on the ground that in his statement recorded under section 161 Cr.P.C., Jairaj Singh @ Pappu had admitted that incident took place at his house and he had seen accused Gaurav Kumar @ Pinta running from the place of occurrence with a rifle in his hand. Hence, this revision.;