DINESH KUMAR SINGH-I,J. - (1.) This criminal revision has been directed against order dated 18/10/2008 passed by the Additional Sessions Judge (FTC) Court No. 15, Bulandshahar in Session Trial Number 1418 of 2008, State v. Ravindra, PS, Aagauta, District Bulandshahar on application No. 26 B moved by ADGC, Bulandshahar under section 319 Cr. P.C., whereby the said application has been allowed and the accused-revisionist has been summoned to face trial under section 307/34 IPC.
(2.) The prosecution version in the F.I.R., as narrated by the first informant is that on 09/10/2007 at about 12.30 hours, the grandson of the first informant Kuldeep was going home. On the way Ravindra started abusing him and fired upon him by a pistol which hit his stomach. On his raising alarm, many people reached the spot and the accused fled from there. The F.I.R. was lodged by him by reaching the police station with injured Kuldeep. The police had submitted charge sheet against Ravindra only. The story of the F.I.R. has been verbatim stated by the first informant, Jagpal Singh before Investigating Officer. The injured Kuldeep stated before Investigating Officer that when he was returning home, near the house of Chandra Pal on the way, Ravindra had made a fire upon him. In medical examination report only one fire injury of entry 1 c.m. ? - 1 c.m. has been recorded which corroborates the version of the first information report. Thereafter, during trial, in the statement made by injured Kuldeep as PW 1 he stated that he knew accused Ravindra and Sudhir (accused-revisionist). Both belonged to his village. On 09/10/2007 he was returning home. When he reached near house of Chandra Pal at about 1 PM, Ravindra was standing on the roof. Accused-revisionist exhorted Ravindra to fire upon him, in pursuance of which Ravindra had made fire upon him by a pistol with an intention to kill, by which he fell conscious. A report of this occurrence had been registered by someone in the name of his grandfather. When the next day he told his uncle Upendra about this occurrence, he sent a telegram to SHO, Aagauta. In cross-examination this witness has stated that his uncle Upendra had asked him as to who had fired upon him, then he had told him, first of all, the names of those persons to him. When he was asked as to whether it was written in the telegram or not that Sudhir had told Ravindra that he should fire upon him, he responded that he does not know about this but he had definitely apprised his uncle about this. He had never gone to the police station. It was wrong to say that because he had not taken name of Sudhir in his statement recorded under section 161 Cr.P.C. on 09/10/2007, therefore under legal advice he was stating that his statement was not recorded by police. Further, he stated that at the time when Ravindra had fired upon him, he was about 9 feet away from him. The first informant, Jagpal Singh stated as PW 2 before Court that he had not lodged any F.I.R. and turned hostile. The telegram which is reported to have been sent to the SHO, Aagauta has also been annexed, which is alleged to have been sent by Upendra Malik, in which it is mentioned that about 11 months back he was told by the villagers that his grandson was fired upon by Ravindra about 12.00 or12.30 in the noon, but he did not have much knowledge about this occurrence. The uncle of the injured, Upendra Malik gave an application addressed to SHO, Aagauta, stating therein that in October, 2007, his nephew Kuldeep Malik was fired upon at about 1.00 PM with an intention to kill. He along with some others had taken him to police station. His condition was critical. The police referred him immediately to District hospital, Bulandshahar and from there he was referred to All India Institute of Medical Sciences Delhi, and from there he was taken to Safdarjang hospital and after being operated there, the bullet was removed. He was still admitted in the hospital. On way he had apprised him that he was going with Shiv Kumar, when he reached in front of the house of Chandra Pal Singh, Ravindra fired upon from the roof of his house and at that time Sudhir was also with him, by which Kuldeep fell down, report be registered and necessary action be taken.
(3.) On the basis of above evidence, the learned lower Court, after hearing the arguments of both the sides, has mentioned in the impugned judgment and order that in the present case, on F.I.R. of Jaipal, which was written by Rishi Pal, a case crime no. 217 of 2007 was registered against accused Ravindra Singh under section 307 IPC at PS, Aagauta on 9/10/2007. After investigation charge sheet was submitted under section 307 IPC by the Investigating Officer against accused Ravindra. Charge was framed against him on 14/10/2008. Thereafter on 12/08/2008, injured Kuldeep Singh Malik was examined, who in his examination in chief stated that he knew accused Ravindra and Sudhir. Both were of his village. On 9/10/2008 he was coming from home towards 'gher' and as soon as he reached near the house of Chandra Pal, at about 1.00 PM, Ravindra and Sudhir were standing on the roof of Ravindra. Sudhir had spoken to Ravindra to fire upon the injured, at which Ravindra fired upon him with a pistol, which hit him and he turned unconscious. Therefore Ravindra had fired upon the injured Kuldeep only at the instance of Sudhir with an intention to kill. The said witness was cross-examined also. Besides this the uncle of the injured, Upendra Malik had sent to the SHO, Aagauta a telegram on 10/10/2007 apart from the papers of the treatment of Kuldeep. On the basis of these documentary evidence as well as oral evidence the lower Court has found the evidence on record to be sufficient to summon the accused revisionist under section 307 read with 34 IPC to face trial with the co-accused and consequently allowed the said application.;