- (1.) R. K. Rastogi, J. This is a revision against the order dated 19-4-2007 passed by Sri D. C. Singh, learned Additional District and. Sessions Judge, FTC II, Hathras, in S. T. No. 296/06, State v. Rakesh Kumar under Sections 302 and 201, I. P. C.
(2.) THE facts relevant for disposal of this revision are that on 11-4-2006 at 7 p. m. Sri Ram Gopal lodged a F. I. R. at police station Hathras with these allegations that his sister Sanjesh Kumari had been married with Vijendra Singh resident of village Paharpur who died two years ago in an accident. THE Jeth of Sanjesh Kumari named Rakesh and his wife Jamuna were not giving the land of the share of Vijendra Singh to her. However, her name was ordered to be entered in the revenue records. Hence, Rakesh felt aggrieved. He used to threaten Sanjesh Kumari, and on 11-4- 2006 Ram Gopal received information at about 4 p. m. that Sanjesh Kumari had been murdered. THEn he went to village Paharpur and saw the dead-body of his sister Sanjesh Kumari in the field. THEre were marks of several injuries on her body and her body was burnt and there was bleeding also. A Crowd had assembled there and some persons were talking that Rakesh, his wife Jamuna Devi and Banwari's sons Girish and Hakim had murdered Sanjesh Kumari. Upon making inquiries Ram Gopal came to know that Sanjesh Kumari had gone to her field with diesel oil for operating the engine of pumping set. At about 2 p. m. Rakesh and his wife reached there. THEy prohibited her from watering the field and then there was exchange of abuses and thereafter Rakesh and his wife gave spade blows upon her neck and head and consequently Sanjesh Kumari fell down. Girish and Hakim Singh, who were "working in nearby fields, reached there and all of them covered her body from plastic and Tat bags and threw diesel oil upon her and burnt her dead-body. THEreafter Rakesh shouted that Sanjesh Kumari had burnt herself. A large number of villagers reached there and saw this incident. Rakesh and his family members did not make any attempt to extinguish the fire, and therefore he prayed for necessary action in the matter against Rakesh etc. On the basis of above report, the police registered the case against Rakesh, Jamuna Devi, Girish and Hakim. However, during investigation the witnesses stated before the I. O. that only Rakesh had committed the incident and no other accused was present there. Hence a charge-sheet was submitted under Sections 302 and 201, I. P. C. against Rakesh only. He was charged under Sections 302 and 201, I. P. C. by the learned. Sessions Judge and thereafter the statement of Ram Gopal was recorded as P. W. 1. He stated in his statement that he had visited the spot on receipt of information that his sister had been murdered and on reaching the place of incident he came to know, upon making inquiry from some other persons, that Rakesh and Jamuna Devi had murdered Sanjesh Kumari by giving spade blows upon her head and neck and so she fell down, and then Girish and Hakim Singh, who were working in nearby fields, reached there and then all the four accused had burnt her body by pouring diesel oil upon her. Thereafter an application was moved from the side of the prosecution for summoning Jamuna Devi, Girish and Hakim Singh as accused under Section 319, Cr. P. C. That application was allowed by the learned Additional Sessions Judge vide his order dated 19-4-2007. Aggrieved by that order Jamuna Devi, Girish and Hakim Singh (revisionists) have filed this revision. We have heard the learned Counsel for the revisionists and the learned A. G. A. For the State at the admission stage and after perusing the documents in this revision, I am deciding this revision on merits at the admission stage.
(3.) IT is to be seen that it is apparent from the F. I. R. as well as from the statement of informant Ram Gopal that he is not an eye-witness of the incident and upon making inquiry from the persons present on the spot he came to know that Rakesh and his wife Jamuna Devi had murdered his sister Sanjesh Kumari by giving spade blows upon her head and neck and thereafter Girish and Hakim Singh reached there and thereafter they had burnt her dead- body by pouring diesel oil upon her. Ram Gopal (P. W. 1) stated the same thing in his statement before the Court. Now, it is to be seen that the above allegation of Ram Gopal is not based on his personal knowledge as he was not an eye- witness of the incident and his above statement is based on the information received from other persons present on the spot. Under these circumstances, when he had no personal knowledge of this incident, I am of the view that the revisionists could not be summoned under Section 319, Cr. P. C. on the basis of above statement of the informant.;