JUDGMENT :

1. Heard Mr. Rajiv Lochan Shukla, learned counsel for revisionist, Mr. Prashant Kumar, learned A.G.A. along with Mr. P.K. Sahi, learned brief holder for State and Mr. M.C. Maurya, learned counsel for opposite party 2.

2. Perused the record.

3. This criminal revision has been filed challenging order dated 15.2.2021, passed by Second Additional District and Sessions Judge, Kasganj, in Sessions Trial No. 329 of 2018 (State Vs. Vineet Yadav and Others), under sections 307, 427, 506 and 325 IPC, Police Station-Sidhpura, District Kasganj, arising out of Case Crime No. 150 of 2018, under sections 307, 427, 506 and 325 IPC, Police Station-Sidhpura, District Kasganj, whereby application under section 319 Cr.P.C. filed by first informant/opposite party-2 Rajesh Kumar has been allowed. Consequently, applicant has been summoned to face trial in above mentioned case.

4. Record shows that in respect of an incident, which is alleged to have occurred on 5.7.2018, first informant/opposite party-2 Rajesh Kumar lodged a prompt F.I.R. dated 5.7.2018, which was registered as Case Crime No. 0150 of 2018 under sections 307, 427, 506 IPC, P.S. Sidhpura, District Kasganj. In the aforesaid F.I.R., as many as four persons namely, Vineet Yadav, Khavendra, Pintu and Punit Yadav have been nominated as named accused.

5. In brief prosecution story as unfolded in F.I.R dated 5.7.2018, alleges that five persons namely, Rajesh Kumar, Sandeep, Om Prakash, Babu Ram and Ram Chandra Gola were travelling in a car having Registration No. DL1ZA7581 (Tata Indigo) belonging to Ram Chandra Gola. When the car reached at the culvert near village Sunvai accused persons namely, Vineet Yadav, Khavendra, Pintu and Puneet Yadav came from the front and damaged the vehicle by using Lathi and Danda. It is also alleged that one of the named accused, Vineet Yadav fired at Ram Chandra Gola from behind on account of which, he sustained gun-shot injury on his head.

6. After registration of above mentioned F.I.R., injured Raju Sakya, Ram Chandra, Shekher and Sandeep were medically examined. Their medico legal reports are on record as Annexure-2 to the affidavit collectively. Perusal of aforesaid medical report goes to show that injured Raju Sakya has sustained injury on his left thumb, caused by blunt object, injured Ram Chandra has sustained one lacerated wound on his skull caused by fire arm, injured Shekhar has sustained two contusions and one abrasion, caused by hard and blunt object, injured Om Prakash has sustained traumatic swelling on lateral aspects of right forearm caused by hard and blunt object. Thereafter, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter XII Cr.P.C. During course of investigation, Investigating Officer examined first informant and other witnesses, who have supported the prosecution story, as unfolded in F.I.R. On the basis of above, as well as other material collected by Investigating Officer, during course of investigation, which is substantially adverse to named accused, Investigating Officer opined to submit a charge sheet. Accordingly, Investigating Officer submitted charge sheet dated 15.9.2019, whereby and whereunder three of the named accused namely, Vineet Yadav, Khavendra and Pintu have been charge sheeted under sections 307, 427, 506 and 325 IPC, whereas one named accused, Punit Yadav, i.e., (applicant herein) has been exculpated. Perusal of charge sheet further goes to show that as many as 17 prosecution witnesses have been nominated therein.

7. After submission of above mentioned charge sheet, cognizance was taken upon same by concerned Magistrate. Since offence complained of was triable by court of Sessions, accordingly, concerned Magistrate, committed the case to the Court of Sessions. Resultantly, Sessions Trial No. 329 of 2018 (State Vs. Vineet Yadav and Others), under sections 307, 427, 506 and 325 IPC, Police Station-Sidhpura, District Kasganj, came to be registered.

8. Tria