RAJIV Vs. STATE OF U P

JUDGEMENT

(1.) LEARNED A.G.A. has accepted notice on behalf of the opposite party. On consent of both the parties the matter is taken up for hearing. Heard both sides.

(2.) IT has been submitted that while framing charges against the revisionist, certain matter has not been taken into consideration. He has drawn my attention to Annexure-3. dying declaration, and Annexure-2, Injury report of the revisionist. IT has been submitted by Sri A. A. Khan, appearing on behalf of the revisionist that the dying declaration is enough to show that the revisionist had nothing to do in the matter and the charge that has been framed against the revisionist should not have been framed if these materials could have been considered by the learned trial court.

(3.) THE revision is, therefore, allowed. THE impugned order dated 8.7.1996 passed by the learned Vlth Additional Sessions Judge. Pilibhit in Sessions Trial No. 68 of 1995 is set aside. THE case is remanded back to the learned trial court for reconsideration of the charge in the light of the above observations. He will proceed after refraining the charge according to law.