The court affirmed that the power under Section 319 Cr.P.C. must be exercised before the conclusion of trial and sentencing, allowing for the summoning of additional accused based on evidence.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Instant Criminal Revision has been preferred against the impugned Judgment and order dated 17.01.2024 passed by learned Additional Session Judge, Court No.7, Moradabad in Session Trial No.02 of 2010, whereby revisionist has been summoned under Section 319 Cr.P.C. as well as subsequent order dated 29.01.2024 passed by the learned Additional District and Session Judge, Court No.7, Moradabad in Session Trial No.37 of 2010 arising out of Case Crime No.329 of 2009 under Section 302/34 IPC, Police Station Thakurdwara, District Moradabad.

2. Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent and perused the material on record.

3. The brief facts of the case are that FIR was lodged on the basis of information received by village watchman Ram Prasad vide GD Report No.20 Time 17:25 hours dated 22.04.2009 at PS. Thakurdwara, District Moradabad to the effect that village watchman informed to the police station that dead body of unknown person is lying in the vacant wheat field of Jai Prakash son of Radhey Shyam of his village. The SHO concerned moved into action on this information; he visited the place of incident alongwith his colleagues, who are police personnel by his official jeep. The police investigated the case and dead body was identified as that of Suresh Chauhan, son of late Hira Singh alias Hari Singh, resident of village Darapur, Police Station Thakurdwara, District Moradabad. The inquest on dead body of the deceased was already done as unknown person 22.04.2009 between 15:25 to 17:13 hours.

3.1 In postmortem report of the deceased Suresh Chauhan four external injuries were found on his person which included an incised wound 12 x 4 cm on neck and one incised wound 23 x 7 cam upcoming to abdomen cavity, intestines had comes out, one abrasion on forehead and skin peeled out on right shoulder to arm. In internal examination trachea and larynx were found cut, membrane of heart was found lacerated, membrane of abdomen was also found lacerated. In the opinion of doctor the cause of death was shock and haemorrhage due to ante-remote injuries. The postmortem was conducted on 23.04.2009, in which time of death was approximated as between 12:30 to 01:00 hours on 22.04.2009. Rigor mortis passed on from entire body. During investigation name of five accused persons surfaced as author of time of murder of the deceased, who were subjected to trial for charge under Section 302/34 IPC, the case was converted into Crime No.329 of 2009 after post-mortem examination of the deceased. During investigation the name of five accused persons namely Jasram and four others surfaced as author of the crime of murder of the deceased. They were subjected to trial and the learned Additional Session Judge Court No.7, Moradabad by impugned judgment and order dated 17.01.2024 convicted four accused persons for charge under Section 302/34 IPC and sentenced them to imprisonment for life, and Rs.25,000/- fine was imposed on by each of them. One accused person Jasram Singh died during the trial and the trial in respect of deceased accused was abated.

4. In Judgment and order dated 17.01.2024, learned trial judge in paragraph No.50 has observed that on the basis of evidence of PW 2, 3 and 5 complicity of accused Bharat Singh is found, and there is cogent and strong evidence against accused Bharat Singh regarding his complicity in the offence and on the basis of the evidence adduced during trial there is full probability of his conviction, if the same remains unrebutted. With these observations the learned trial court had summoned the revisionist/Bharat Singh under Section 302/34 IPC to face trial for the murder of deceased.

5. Learned counsel for the revisionist submitted that learned trial judge has summoned the revisionist in exercise of powers under Section 319 Cr.P.C. in the impugned judgment, wherein all the accused persons who were facing trial were convicted and sentenced. He has not be