- (1.) An application under Section 367 Cr.P.C. Read with Section 311 and 391 Cr.P.C. has been filed on behalf of the appellants praying that (I) Head Constable of Police Niranjan Singh (2) Dr. R.K. Verma, Medical Officer, district Hospital Badaun (3) Dr. O.P. Mishra, Radiologist, Distinct Hospital Badaun and (4) Aditya Prakash Yadav, the then Station Officer, Police Station Hajratput, Badaun be summoned for additional evidence which directly bear upon the innocence of the appellants.
(2.) For dealing with the controversy involved therein a brief scatch of facts has to be stated, which is as under:- (A) That an F.I.R. was got lodged by Madhav Ram of village Koda Gujar P.S. Alapur Badaun on 8.1.2005 alleging that process of nomination was to be held at Sahkari Samiti Myaun, Block Myaun, District Badaun. He and Pyare Lal of his village had gone to bring Nomination Form but appellant Patanjali refused to give them Nomination Form. Thereafter Backward Class Certificate of Pyare Lal was received fron Panchayat Sachiv then Block Pramukh Patanjali Bhardwaj abused him by saying that Sale Chamar Yah Pramanpatra nahi milega and he also slapped him and ousted from the block. Thereafter at 2.00 p.m. First informant Madhav Ram along with Omendra Pratap Singh and Sumer Singh reached to meet Station Officer Alapur in the block. At that time his two sons Pravendra Singh and Arvendra Singh and his nephew Ashok also reached there. Patanjali Bhardwaj shot fire on Arvendra and Vikas Bhardwaj opened fire on his nephew Ashok. Monu Patanjali opened fire at Omendra Pratap Singh and Vashishtha Bhardwaj also participated in firing. They tried to escape. It was further alleged that some other persons also sustained injuries and his son Arvendra succumbed to the injuries. Omendra Pratap and his nephew Ashok sustained injuries and they both were taken to the district hospital for medical aid. It was also alleged that all the accused persons were having licensee rifle and gun. On this report a case bearing Case Crime No. 10 of 2005 under Sectioin 148, 302/149, 307/149 I.P. C. read with Section 3(ii)(v) S.C./S.T. Act was registered against accused persons. Injured Ashok also expired during treatment. (B) At this stage it would be proper to mention that a cross version F.I.R. was also got lodged by Appellant Patanjali Bhardwaj alleging that on 8.1.2005 at about 1.00 p.m., he being Block Pramukh along with some other persons reached to block Head Office Myaun in respect of election. His servant Babloo son of Kalyan and Chhotey @ Ajudhi were also with him. Suddenly Omendra Singh, Ravindra Singh sons of Brij Mohan Singh, Pravenda and Arvendra sons of Madhav Ram, Madhav Ram and Ashok along with 8-10 Persons having rifles and guns came and surrounded them and threatened that first informant Patanjali Bharadwaj was trying to get his own men elected on all the posts. They also threatened that they shall not leave them alive and opened firing upon them with a view to kill. Thereafter first informant along with his brother Vashishtha Bhardwaj succeeded to run away and hide themselves in a room. It was also alleged that his both the servants sustained fire arm injuries and in cross firing Arvendra and Ashok succumbed to the firearm injuries sustained and Omendra Singh was also injured. It was also said that the incident was watched by Subedar son of Niranjan Ram, Ram Singh s/o Mithu resident of Alapur and Sneh son of Santosh Kumar resident of Chitaura. After sending the injured to the hospital first informant came to the police station for lodging the report. He also contented that cousin of Omendra Singh was one of the candidate for Block Pramukh Election but he was defeated and thereafter the first informant was receiving information that accused persons wanted to kill him. The F.I.R. was registered at Case Crime No. 10-A/2005 under Section 147,148,149 307 I.P.C. It also appears that in both the cases Charge sheets were submitted and concerning magistrate committed the cases for trial. S.T. No. 39 of 2009 (State v. Patanjali Bharadwaj and others) arose from Case Crime No. 10/2005 in which appellants were tried while from Case Crime No.10-A/2005 aforesaid S.T. No. 40/2009 ( State v. Ravindra Pratap Singh and another) and S.T No. 41 of 2009 (State v. Amrendra Singh and others) had arisen, All the three Trials were heard and decided by the court of Additional Sessions Judge/Special Judge S.T./S.T./P.A./Act Badaun on 06- 9-2014. S.T.No. 40 of 2009 and 41 of 2009 were decided by a common judgment while in S.T. No. 39 of 2009 a separate judgment was delivered. In S.T. No. 39 of 2009 accused persons were held guilty and awarded punishment while in S.T. No. 40 of 2009 and 41 of 2009 accused persons were acquitted. In S.T. No. 39 of 2009 accused appellants were awarded punishment on 9.12.2014. It further reveals that no appeal has been preferred against the judgment of acquittal as such judgment passed in S.T.N. 40 and 41 of 2009 has attained the finality.
(3.) Now appellants prayed for the following additional evidence:- 1. G.D. Entry No. 47 of 23.05 hours dated 8.1.2005. 2. Head Constable Niranjan Singh with a view to prove the aforesaid G.D. Entry. 3. Dr. R.K. Verma, with a view to prove injury reports. 4. Dr. O.P. Mishra by whom X-ray was taken. 5. Aditya Prakash Yadav,S.O.Hazrat Pur.;