Pankaj Naqvi, J. - (1.) HEARD Sri D.S. Mishra, learned counsel for the revisionists and Sri Nitin Sharma, the learned A.G.A.
(2.) THIS criminal revision is preferred against the order dated 21.10.2015 passed by Special Judge (SC/ST Act), Etawah in S.T. No. 99 of 2009 (State vs. Manoj Kumar and others) summoning the revisionists under Section 319 CrPC for offences under Sections 302, 201, 364 -A, 411 IPC and 3(2)(V) SC/ST Act. A written report was lodged by O.P. No. 2 on 13.8.2008 at P.S. concerned alleging that on the said date, the revisionist No. 1 and another unknown person took away his son from his house on a motorcycle at around 5 P.M. It alleged that revisionist No. 1 is a contractor at Primary Health Centre, who was coercing his son, i.e. Babloo @ Vikas the deceased to persuade his brother -in -law, i.e. Kailash Babu, Engineer for a renewal of his contract, which was declined by his son, which became the cause of the death of his son. The informant also alleged that as the son did not return till night, they went to the police station concerned, wherein it transpired that an unidentified body has been recovered at the village forest, which upon identification was found to be that of his son, Babloo @ Vikas, who was put to death by revisionists and their cohorts. The above intimation was registered at G.D. No. 53 at 23:00 P.M. on 13.8.2008 under Section 302/201 CrPC and 3(2)(V) SC/ST Act as Case Crime No. 300 of 2008. After investigation, a charge sheet was filed against Manoj Kumar, Vijendra, Pawan and Karan Singh and the involvement of the revisionists was found to be false. After cognizance, the case was committed to Sessions and charges framed against Manoj Kumar and Vijendra on 15.6.2009 under Sections 364 -A, 302, 201 IPC and Section 3(2)(V) SC/ST Act and as against the two other co -accused persons namely Pawan @ Jor Singh and Karan Singh under Sections 302/201 IPC and Section 3(2)(V) SC/ST Act. An additional charge also came to be framed against Manoj under Section 364 CrPC.
(3.) PW -1 the mother of the victim was examined on 6.7.2010, wherein she alleged that her son was taken away by revisionists No. 1 & 2 and Manoj Painter on 13.8.2008 at about 5:00 P.M. from her residence on a pretext of an important work; her son had accompanied them in his motorcycle, but when he did not return, her husband, i.e. PW -2 and her son -in -law, PW -5 Kailash went out to search him, who upon return inform that his dead body has been traced in the jungles of village Sheetalpur and that a report has been lodged by him. She further stated that revisionist No. 1 used to coerce her son for the renewal of his contract with his brother -in -law Kailash (PW -5) but as the son did not do so, he was put to death at the hands of revisionists and Manoj Painter along with their cohorts. PW -2/Dr. Lakshmi Narain Shankhwar, father of the victim was examined on 22.7.2010, who maintained the same stand as that of his wife, as it was he, who had informed his wife to the events leading to the discovery of the body of the deceased.;