AMAR SARAN, J. - (1.) HEARD Shri V.P. Srivastava, learned senior counsel for the revisionist and learned Additional Government Advocate.
(2.) THIS criminal revision has been filed challenging an order dated 13.8.2009 passed by the learned Additional Sessions Judge/Special Judge (DAA), Kanpur Dehat in SST No. 200 of 2008 summoning the revisionist in a case under sections 302/394/504/506 IPC, police station Bhognipur, Kanpur Dehat in exercise of powers under section 319 of the Code of Criminal Procedure. It was mentioned in the application for summoning the revisionist that on 1.5.2008 at about 9.20 P.M., the revisionist Juned Pahalwan, Zubair Khan alias Majhlay and Hasnain alias Motey and Ghulam Jilani committed the murder of the deceased Aejaz Khan, the brother of the informant Chand Babu, who lodged a report of the incident at 11.10 PM. The revisionist was shown armed with a double barrel gun with which he fired on the deceased and the post-mortem report confirmed the said injury as there were six gun shot injuries on the deceased and 67 pellets were retrieved from the body of the deceased. These pellets were said to be forced by the DBBL gun used by the revisionist.
(3.) LEARNED trial judge observed that it was probable that the injuries to the deceased could have been caused by the DBBL gun as only one other accused Hasnain was carrying a "Pauniya" and the other accused were armed with rifles. He was, therefore, prima facie satisfied that it appeared from the evidence that the revisionist was involved in the incident. He was not impressed with the alibi evidence accepted by the investigating officer, who had recorded the 161 Cr.P.C. statement of the revisionist wherein the revisionist was said to be admitted at PHC, Naukha Rath between 30.4.2008 and 2.5.2008 for diarrhoea and vomiting.;