RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been preferred against the judgment and order dated 24.4.2006 of Allahabad High Court by which the petition filed by the respondent No. 2 Kapil Dev Singh under Section 482 Cr.P.C. was allowed and the order dated 26.5.2005 passed by the learned Sessions Judge, Allahabad under Section 319 Cr.P.C. summoning him to face trial under Section 302 IPC was set aside.

(3.) In the morning hours between 6.30 a.m. and 7.00 a.m. on 15.12.1995, three persons, viz., the wife, son and brother-in-law of Nigam Singh were murdered. An FIR of the incident was lodged by Nigam Singh at 8.10 a.m. on 15.12.1995 at P.S. George Town, Allahabad. After investigation, charge sheet was submitted and four persons, viz., Kapil Dev Singh (respondent No. 2 herein), Suresh Singh, Sukhpal Singh and Kamlesh Singh were put up for trial. The present incident took place on 16.3.2002 when the trial of the aforesaid tripple murder case was going on. According to the case of the prosecution, the accused of the tripple murder case were putting pressure on Nigam Singh not to give evidence in the said case. It is alleged that at about 6.00 p.m. on 16.3.2002, the first informant Rajendra Singh (appellant herein) and his brother Ajay Singh were returning after getting their field harvested. At that time, Nigam Singh also arrived there on a scooter. The accused in the present case, viz., Kapil Dev Singh (respondent No. 2 herein) and Daya Singh stopped him and asked him not to give evidence in the tripple murder case. Nigam Singh, however, did not agree to their suggestion not to give evidence and tried to move ahead on his scooter. Kapil Dev Singh then instigated his brother Daya Singh, who fired upon Nigam Singh from a country-made pistol. In spite of receiving the gun shot injury, Nigam Singh managed to escape from there and informed about the incident to his family members. Meanwhile, the first informant, Rajendra Singh, and his elder brother Ajay Singh also reached there. However, Nigam Singh succumbed to his injuries shortly thereafter. Thereafter, Rajendra Singh lodged an FIR of the incident at 8.30 p.m. on 16.3.2002 at P.S. Pipri. The police after investigation submitted charge-sheet only against Daya Singh and not against Kapil Dev Singh. In the trial before the learned Sessions Judge, Allahabad, the statement of the first informant, Rajendra Singh was recorded where he specifically stated about the presence of Kapil Dev Singh and the role played by him in the incident. The prosecution then moved an application for summoning Kapil Dev Singh under Section 319 Cr.P.C. The learned Sessions Judge held that Kapil Dev Singh is named in the FIR and the first informant Rajendra Singh in his statement had corroborated the version given in the FIR and had assigned the role of exhortation to him and after taking note of the relevant law on the subject, allowed the application by the order dated 26.5.2005 and directed that Kapil Dev Singh be summoned to face the trial.