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1994 Supreme(All) 702

N.B.ASTHANA
GURLABH SINGH MAGITHIA GUGGI LAL – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Kailash Narain, S.S.Rathore,

N. B. ASTHANA, J.

This revision has been directed against the order ( dated 19-4-1984 passed by the then IV Addl. Sessions Judge, Gorakhpur in Sessions Trial No. 579 of 1987 under Sections 147, 148, 302/149, I P. C. , P. S. Chaurichaura, Gorakhpur, summoning the revisionists under Section 319 of Cr. P. C.

2. From the record it appears that the first informant in his statement before the trial Court stated that at the exhortation of the two revisionists the co-accused inflicted injuries causing the death of Ram Narain. In the F. I. R. also the first informant had made this allegation. From the order of trial Court it further appears that the same statement was given by him under Section 161, Cr. P. C. The statement of the first informant is consistent in the F. I. R. in statement under Section 161, Cr. P. C. and in the statement made before the trial Court. The trial court was of the opinion that the offence appears to have been committed at the exhortation of the two revi sionists and therefore summoned them under Section 319 (1) of Cr. P. C. Aggrieved by it they have filed this revision.

3. I have beard the learned counsel for the revisionists and the learned A. G. A.

4. Section 3















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