- (1.) This revision has been filed against the order dated 8.8.2011 passed by Additional Sessions Judge, Court NO. 3, Kaushambi in ST No. 80 of 2006, State v. Sohan Raidas and others by which application 19-Kha under section 319 CrPC summoning two persons Santosh and Dinesh as accused was rejected.
(2.) The informant Umesh Kumar Dubey had lodged report in police against four accused persons namely Santosh, Dinesh, Sohan and Ram Murat for inflicting injuries over him. On the basis of his report NCR was registered, but in medico-legal examination of the informant it was found that skull bone of his head was fractured, apart from other injuries. Then case crime no. 62/ 2004 was registered and investigation started, after completion of charge-sheet had been filed against only two accused Sohan and Ram Murat for offences u/ss 308, 323, 325 & 504 IPC. The said case was committed and in the court of Sessions ST No. 80/2006, State v. Sohan and others was registered in which charges were framed against two charge-sheeted accused. The prosecution side had examined two witnesses, PW-1 Umesh Kumar Dubey (injured) and PW-2 Sunil Kumar who were cross-examined. Then the prosecution side had moved application 19-Kha in court below u/s 319 CrPC for summoning Santosh and Dinesh as accused whose name have surfaced during testimony of PW-1 and PW-2.
(3.) After hearing the parties learned Additional Sessions Judge had rejected application 19-Kha by its order dated 8.8.2011, against which present revision has been preferred.;