K.C.SHARMA J. - (1.) Heard Counsel for the parties. On the report of one Shanker Lal Meena (since deceased) the police registered a criminal case for offence under sections 147,148,149, 323, 341, 379 and 302, Indian Penal Code vide FIR No. 123/2000 against as many as 11 persons including the accused non-petitioners. After investigation, the police submitted charge-sheet against five accused, namely Gyarsilal, Panchu Ram, Kalyan, Ghasi Ram and Smt. Gaura.
(2.) It appears that after the statements of as many as 15 witnesses were recorded, an application under Section 319, Criminal Procedure Code came to be filed on 7.7.2003 on behalf of prosecution, with the prayer that non-petitioners be summoned and tried together with the accused who are already facing trial.
(3.) The learned Trial Court, on hearing the parties and considering the evidence and material before it, dismissed the application under Section 319, Criminal Procedure Code filed on behalf of the prosecution, on the ground that out of 49 listed witnesses, only 13 witnesses remained to be examined and out of these remaining witnesses most of them are witnesses to the seizure, medical officers and the Investigating officer. The Trial Court was further of the view that matter is pending since 2000 and in the circumstances therefore, if cognizance is taken, the witnesses will have to be summoned again and that trial would commence afresh. One more ground prevailed with the Trial Court in rejecting the application was that the prosecution witnesses are interested insofar as accused non-petitioners are concerned and there are contradictions in their statements.;