HARSH KUMAR,J. - (1.) Heard Sri V.M. Zaidi, learned counsel for the revisionists, learned A.G.A. for the State and perused the record.
(2.) The present criminal revision has been filed against the order dated 17.8.2011 passed by Additional Sessions Judge/Court No.10, Bijnor in S.T. No.889 of 2010 (State v. Babulu @ Lokendra and others) , by which the revisionists have been summoned under Section 319 Cr.P.C., 1973 for trial together with the accused persons for the offence under Section 302 I.P.C.
(3.) The brief facts relating to the case are that the opposite party no.2 lodged an F.I.R. on 22.5.2008 with the contention that on 21.5.2008 at 08:00 p.m. accused Bablu and Hemraj had a dispute with her husband Negi Saran where after Hemraj and Bablu called Daroga Ji Naresh Bahadur and Sipahi Rishi Pal from Chauki Tajpur at her home, who took away her husband to the Police Chauki and when she approached the Police Chauki along with her Jeth Virendra Singh and one Satish Kumar and other persons of her neighbourhood Daroga Ji and policemen were beating her husband with dandas and when they were asked to leave her husband, they abused them asking to run away and thereafter at about 10:00 p.m. above policemen as well as Hemraj and others dropped her husband at her home who was found dead. After investigation charge-sheet was submitted against Hemraj and Bablu, who were being tried in S.T. No.889 of 2010 for the offences under Sections 306 and 504 I.P.C. During trial statement of first informant, the wife of deceased was recorded after which prosecution moved an application 20B for summoning the revisionists for trial under Section 302 I.P.C. with co-accused persons. The trial court after hearing, has passed the impugned order of summoning the revisionists.;