- (1.) This revision is directed against the order dated 25-7-2005 passed by Additional District and Sessions Judge, Court No. 8. Mathura on the application under Section 319 of Criminal Procedure Code of opposite party No. 2/complainant moved in Sessions Trial No. 584 of 2004 State v. Munesh &' others) P. S. Brindavan District Mathura by which the learned Additional Sessions Judge, Mathura summoned the revisionist Kunj Behari Sharan and two others (namely Mukundi and Ram Sewak) under Section 319 of Cr.P.C.
(2.) The brief facts of the case are that on 11-12-2003 at about 1 p.m. the opposite party No. 2/complainant Harisad Phalahari. Baba lodged a written report at police station Brindavan, District Mathura stating that on 1-12-2003 at about 12.30 in the night some unknown miscreants attacked his Ashram. The opposite party No. 2 went to lodge F.I.R. of the said occurrence at the police station on 4-12-2003 and when about 4 p.m. he reached near Ram Nagar Colony, the accused Munesh, Mukesh, Mukundi and Kunj Behari armed with country made pistol and accused Ram Sewak armed with Tanchia' reached there and attacked the opposite party No. 2 with intention to kill. This occurrence was seen by witnesses Sadhvi Rama (the disciple of opposite party No. 2) and witnesses Kalicharan, Srichand and others. On its basis case crime No. 407/ 03 under Sections 147, 148, 149 and 307 I.P.C., was registered at Police Station Brindavan. After the close of the investigation charge-sheet under Section 307 I.P.C., was submitted against the accused Munesh and Mukesh only. The case was committed to the Court of Sessions by the concerned Magistrate for trial. Charge under Section 307/34 I.P.C. was framed by the Additional Sessions Judge against the accused Munesh and Mukesh on 19-2-2005. The prosecution examined opposite party No. 2/complainanl Haridas Phalahari Baba as PW 1 whose examination-in-chief was recorded on 25-4-2005. In his statement the complainant supported the prosecution story as mentioned in the F.I.R. and stated that along with the accused Munesh and Mukesh, co-accused Mukundi, Kunj Behari and Ram Sewak were also involved in the commission of the crime. At the time of occurrence the accused Munesh, Mukesh, Mukundi and Kunj Behari were armed with country made pistol and accused Ram Sewak had Tanchia It has also been stated by the complainant in his statement that these accused attacked the complainant with their weapons with intention to kill and causing serious injuries to the complainant on his head. It has also been stated that due to the head injury both the legs of the complainant have been weakened. At this stage an application 18 'kha' was moved on behalf of the prosecution for summoning the remaining accused Mukundi. Rani Sewak and Kunj Behari under Section 319 Cr.P.C.
(3.) After hearing both the parties the learned Additional Sessions Judge vide impugned order dated 25-7-2005 allowed the said application and summoned the accused Mukundi, Ram Sewak and Kunj Behari under Section 319 Cr.P.C. to face (rial under section 307/34 I.P.C. along with two allomg with you two us cused namely Munesh and Mukesh. Feeling aggrieved, present revision has been filed by one of accused namely Mahant Kunj Behari Sharan.;