PRAMOD KUMAR SRIVASTAVA, J. - (1.) This revision has been preferred on behalf of the State against order dated 6.5.2008 passed by Additional Sessions Judge (FTC) Court No. 18, Bulandshar, by which accused of Sessions Trial No. 519 of 2008 (State v. S.K.S. Rana) was discharged.
(2.) Heard learned AGA on behalf of the revisionist, Sri Mukhtar Alam, Advocate for opposite party no. 2 and perused the records.
(3.) On the basis of application under Section 156(3) Cr.P.C moved by Sadhu Singh, case crime no. 161 of 192 was registered, in which after investigation, two charge-sheets were filed. First charge-sheet was filed for offence under Section 364, 302, 149, 201, 119, 218, 221, 297/34, 120B IPC and Section 25/27 Arms Act against Anil Kumar and three other persons. On the basis of said charge-sheet, sessions trial no. 1059 of 2006 was carried out, in which prosecution side had adduced six witnesses of fact. All the witnesses in said sessions trial had either turned hostile and had not supported the prosecution case. Therefore, sessions trial is resulted in acquittal by judgment dated 4.6.2007 of concerned sessions court. Thereafter, for the same case crime no. 161 of 1992 another charge-sheet was filed against co-accused of said case SKS Rana, on the basis of which sessions trial no. 519 of 2008 (State of SKS Rana) was registered for the same offences, regarding which earlier charge-sheet against co-accused persons were filed and ST No. 1059 of 2006 was decided.;