2005 (1) TMI 723

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....Ram Singh who reached the place of occurrence with the fire arm and injured Shyam Singh and Ram Singh. The case was investigated and Investigating Officer submitted chargesheet only against two accused leaving Kalika Singh and Raj Karan Singh. The case was committed to the court of Session and during the course of trial two witnesses namely Gyanendra Singh Complainant was examined as PW1 and Shyam Singh was examined as PW2 After their examination the prosecution moved an application for summoning Kalika Singh and Raj Karan Singh as accused to stand trial together with the accused already facing trial requesting the court to invoke the provisions of Section 319 Cr.P.C. The trial court dismissed the said application by the impugned order. ....

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....l court has assessed this type of evidence. The trial court has observed that there is no proper evidence at this stage to summon Kalika Singh and Raj Karan Singh under Section 319 Cr.P.C. As has been discussed above, in the statement of complainant and one injured they have stated that Kalika Singh and Raj Karan Singh also fired by firearm. The injury reports show number of injuries on the body of two injured and what could be more than this as the proper evidence or direct evidence. 5. The trial judge has relied upon judgments of apex Court Smt. Rukhasana Khatoon v. Sakhawat Hussain 2002 (44) ACC 411 : (2002 All LJ 1516) quoted out few lines from the head note and never cared to read the law laid down and apply the same. The trial Judg....