Court No. - 71
Case :- CRIMINAL APPEAL No. - 2768 of 2019 Appellant :- Chandaniya @ Rajveeri And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Bhanu Prakash Verma Counsel for Respondent :- G.A.,Som Veer
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
This criminal appeal has been preferred by the appellants against the judgment and order dated 06.03.2019 passed by learned Additional Sessions Judge, Mathura in Sessions Trial No.234 of 2014 (State Vs. Shivaji and others), arising out of Case Crime No.266 of 2012, under Sections 323, 504, 506, 325, 324 IPC and Section 3(1)(X) of SC/ST Act, P.S. Farah, District Mathura.
Learned counsel for the appellants has submitted that the appellants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
The appellants were named in the FIR, however, after investigation, Investigating Officer has exonerated them and no charge-sheet was filed against them and charge-sheet was submitted against the co-accused persons Shivaji, Raju and Bablu.
After framing of charge, aforesaid co-accused persons were put to trial. During the course of trial, the statements of PW-1 Manoj Kumar, first informant of the case and victim PW-2 Jal Devi have been recorded and they have also been cross-examined.At this stage, PW-1 Manoj Kumar filed an application under Section 319 CrPC with the prayer that the appellants were also involved in the present case and they may also be summoned to face trial by invoking the provisions of Section 319 CrPC. The said application has been allowed by the trial court vide order dated 06.03.2019.
Learned counsel for the appellants has submitted that no specific role has been assigned to the appellants and there is absolutely no evidence against the newly added accused persons, however, in a mechanical manner and without application of mind, the trial court had summoned the appellants to face trial.
Per contra, learned AGA for the State has supported the impugned order and has drawn the attention of the Court towards the statement of the victim PW-2 Jal Devi recorded during the course of trial, in which, she has specifically stated that on the date of the incident, the appellants along with other co-accused persons, armed with lathi danda, forcibly entered in her house and assaulted them, due to which, she and her two daughters, Asha and Meena, suffered injuries on their person. The allegation of abusing the victims with the name of their caste with an intention to humiliate and intimidate them has also been made.
Perusal of the injury report of the victim PW-2 Jal Devi shows that she has suffered as many as ten injuries, where as her daughters Asha and Meena have suffered one and three injuries respectively, which has been assigned to the co-accused persons including the appellants and therefore, learned trial court after taking into consideration the aforesaid circumstances has rightly summoned the appellants to face trial and there is no illegality in the impugned order passed by the trial court.
I have considered the rival submissions made by learned counsel for the parties and carefully perused the statement of the victim PW-2 Jal Devi and looking to the injuries sustained by the victims, the participation of the appellants in the present case cannot be ruled out. Specific allegation of assault has been made against the appellants and in case, the said allegations are not rebutted, it may lead to conviction of the newly added accused persons.
In view of the above facts, I do not find any illegality in the impugned order dated 06.03.2019 passed by the trial court and the impugned order is just, proper and legal and do not call for any interference by this Court.
This criminal appeal lacks merit and it is accordingly dismissed.
However, in case, the appellants appear before the court below within 15 days from today and apply for bail, their prayer for bail shall be considered and disposed of after giving opportunity of hearing to both the parties.
Order Date :- 26.9.2019 Nadim