- (1.) AMAR Saran, J. This application under Section 482 Cr. P. C. has been filed for quashing the order dated 4-5-2002 passed by the Additional Sessions Judge, Fast Track Court No. 1, Fatehpur in S. T. No. 472 of 1994. By the impugned order, the applicant has been summoned under Section 319 Cr. P. C.
(2.) LEARNED Counsel for the applicant submits that this order is illegal because there was no worthwhile evidence for summoning the applicant. The applicant who was implicated in the FIR alongwith co- accused Gyanendra Singh alias Dabloo for the murder of Smt. Gujrata Kunwar, the aunt of informant Mahendra Pratap Singh, had been exonerated by the police as no charge-sheet had been submitted against him. However, he was nominated in the statements of P. W. 2, the informant Mahendra Pratap Singh & Anr. witness Devi Dayal, P. W. 6. Mahendra Pratap Singh, P. W. 2 had stated in his evidence that applicant Bhupendra Singh and Gyanendra Singh alias Dabloo Singh (charge-sheeted accused) had murdered his aunt. P. W. 6 had stated that in the night he had seen Bhupendra Singh and Gyanendra Singh alias Dabloo in the light of fire, which was burning, talking amongst themselves and they were saying that they had taken the thumb-impression of old woman Smt. Gujrata Kunwar, but as the paper had blood on it, it had become useless. The next day, he had learnt that Smt. Gujrata had been murdered by Bhupendra Singh and Dabloo Singh.
(3.) LEARNED Counsel for the applicant submits that these two pieces of evidence are insufficient for summoning the applicant under Section 319 Cr. P. C. He states that in his cross-examination P. W. 2 Mahendra Pratap Singh admits that he was not an eye-witness of the incident. However, according to Mahendra Pratap Singh, he had just returned from easing himself when he found his aunt lying under a Rajai and when he received no reply to his call from her, he picked up the Rajai and found her neck cut and there was blood on her face and on the bed also. He also made certain vacillating statements about Devi Dayal and Dharampal having told him that the applicant and Gyanendra Singh, had murdered his aunt, although he is not very consistent about the latter statement and he says later on that Devi Dayal and Dharampal told him that Gyanendra and Bhupendra Singh were seen coming out of the Dalan after the incident. The other witness P. W. 6 states that in the orchard of Korahanbagh at 8. 00 p. m. , he saw the applicant Bhupendra and Dabloo looking at a piece of paper and saying that they had taken the thumb-impression of Smt. Gujrata Kunwar, as there was blood on the paper, it had become useless and when he reached nearer to them, they said that all their action had been rendered futile and the land had passed out of their hands. When the witness reached closer to them, they appeared to have become nervous and to have gone away in the western direction. The next day, he learnt that Smt. Gujrata Kunwar had been done to death by the applicant and Dabloo Singh.;