IMPORTANT POINT
The court upheld the trial court's decision to summon additional accused under Section 319 CrPC based on sufficient evidence from the informant, emphasizing the standard of proof required for such summoning.

JUDGMENT :

Saurabh Lavania, J.

1. Heard Sri A. M. Tripathi and Sri Yugal Kishor Tripathi, learned counsel for the applicants, and Sri S. P. Tiwari, learned A.G.A. for the State and Sri Anand Prakash Singh, learned counsel for opposite party No. 2.

2. By means of the present application u/s 482 CrPC, the applicants have assailed the order dated 23.05.2024, passed by Additional Sessions Judge, Court No.1, Pratapgarh (in short ‘trial court’), in Sessions Trial No. 486 of 2019 (State Vs. Ashraf and Ors), arising out of Case Crime No. 306 of 2018, under Section 147, 148, 149, 302, IPC, Police Station- Antu, District- Pratapgarh. The order under challenge dated 23.05.2024 has been passed by the trial court in exercise of power under Section 319 CrPC.

3. Brief facts of the case are to the effect that an F.I.R. was lodged by the informant/eye-witness/opposite party No. 2 namely Chandan Singh (PW-1) on 14.08.2018, which was registered as Case Crime No. 306 of 2018, under Section 147, 148, 149, 302 IPC. As per the allegations levelled in the F.I.R., the deceased, father of the opposite party No. 2, was assaulted by Asad Ali @ Munna, Bablu, Mahroj, Awadhesh Kumar, and an unknown person. The deceased namely Harishchandra Singh succumbed to the gunshot injury. As per the F.I.R., the incident is of 14.08.2018 at about 09:00 a.m..

4. After the aforesaid, the Investigating Officer (in short "I.O.") carried out the investigation and the I.O., after due investigation, submitted the charge sheet against Ashraf, Imran Khan, Kalam, Segu @ Mujib and Irfan under Section 302, & 120-B IPC.

5. The trial court, taking note of the evidence available on record, framed the charges against the above named accused persons, in relation to which the charge sheet prepared on 30.11.2018 was submitted by the I.O. and additional charge sheet prepared on 03.02.2019 was also submitted and on thereafter the charges were framed on 22.03.2021/23.03.2021, as appears from the impugned order dated 23.05.2024, and upon denial of charges, the accused namely Ashraf, Imran Khan, Kalam, Segu @ Mujib and Irfan were put to trial.

6. Before the trial court, the statement(s) of Chandan Singh (PW-1)/informant/eye witness/opposite party No. 2, Suneel Ranjak (PW-2), Vahid Khan (PW-3), Dhirendra Yadav (PW-4) and Anuj Singh (PW-5) were recorded.

7. On the basis of the evidence/ statements of above-named witnesses, an application under Section 319 CrPC dated 12.01.2024 was preferred from the side of the prosecution.

8. The trial court, after considering the evidence/ statement of informant/eye witness/opposite party No. 2 namely Chandan Singh, allowed the application under Section 319 CrPC dated 12.01.2024 vide order dated 23.05.2024, under challenge, and summoned the accused namely Asad Ali @ Munna, Akhtar Ali @ Bablu, Mahroj and Awadh Kumar Mishra to face the trial under Sections 147, 148, 149 and 302 IPC, in regard to whom the I.O. had submitted the report dated 11.09.2018 under Section 169 Cr.P.C.. The relevant portion of the order 23.05.2024 is extracted herein-under:

"3. Heard and perused the records. First information report in this case i.e. case crime no. 306/2018 was lodged on 14.08.2018 at 11.05 by informant Chandan against accused persons Asad Ali @ Munna, Akhtar Ali @ Bablu, Mahroj and Awadh Kumar Mishra and one unknown with the averment that on 14.08.2018 at about 9 A.M. informant and his father Harish Chandra had come to Chaukhad Pure Anti by motorcycle and when they were returning by making some payment to Raju Pradhan and when they reached near Chaukhad Pure Anti primary school then suddenly assailants came on two motor cycle and they sho: at the father of the informant and caused his death and after that assailants left the scene. Informant has also narrated in the first information report that there is one case pending in the court against accused Asad ali for attempting to murder of the father of the informant and in that case Asad ali was pressurizing the father of informant