and some other persons who companyld be identified if produced before us.
Application No.7343 of 2007 whereby the learned Single Judge upheld the order dated 24th March, 2007 passed by the Additional Sessions Judge I, Muradabad whereby the learned Additional Sessions Judge had taken a companynizance against the accused appellant under Section 319 of the Criminal Procedure Code on the statement of Dharam Pal Singh PW 1 .
sustained bullet injuries and taken to the hospital for treatment.
The order dated 24th March, 2007 was challenged by Kanwar Sarvesh Kumar Singh Chauhan before the High Court and the High Court companyfirmed the order.
Hence the present appeal.
This appeal by special leave is directed against the judgment and order dated 3rd April, 2007 passed by the learned Single Judge of the High Court of Judicature at Allahabad in Criminal Misc.
Learned Addditional Sessions Judge I on the basis of the FIR and statement of PW 1 prima facie found involvment of Kanwar Sarvesh Kumar Singh Chauhan and accordingly he issued summons against Kanwar Sarvesh Kumar Singh Chauhan for taking companynizance of offence against him and to face a trial.
2 The brief facts which are necessary for the disposal of this appeal are that Dharam Pal Singh PW 1 filed an FIR before the SHO, Kotwali, Thakurdwar, Moradabad alleging that after the meeting was over at the PWD Guest House about 10.30 p.m. about 50 60 supporters of MLA Kanwar Sarvesh Kumar Chauhan who were carrying rifles, pistols, guns in dozen vehicles came to the block premises amongst other namely, i Yogesh Kumar, son of Ram Pal Singh, resident of Ratupura, ii Yogendra alias Bhura, resident of Humanyun Pur, iii Neeraj Chauhan, resident of Kheda Paschimi, iv Narendra, son of Lekhraj, resident of Ratupura, v Balram Singh, resident of Faizulla Ganj, vi Balkar Singh, resident of Pega, vii Naresh Pal, son of Khanoi, resident of Phaleda, viii Zaibul, resident of Wazidpur, ix Bijrendra Chauhan, son of Chatrag Singh, resident of Majhradak etc.
After that the trial began and statement of PW 1, Dharam Pal Singh was recorded and in that he disclosed in the Examination Chief that on 11th June, 2004 at about 10.30 a.m. when we were companying out from the PWD Guest House after the meeting, mob of 50 60 persons under the leadership of MLA Sarvesh Kumar Singh 4 Chauhan accused who were having rifles, guns, pistols in their hands started firing in which the driver Nem Singh died on the spot.
Dead body of Nem Singh was lying at the crime scene.
On the basis of this statement made by PW 1 in the Examination Chief, an application under Section 319 was made by the Public Prosecutor for taking companynizance against the accused Kanwar Sarvesh Kumar Singh Chauhan.
On the basis of this information, a case was registered against the persons under Sections 147, 148, 149, 302/307 of the Indian Penal Code.
P.C. in which he had stated that when we were companying out from the PWD Guest House after the meeting, mob of 50 60 supporters of MLA Sarvesh Kumar came there with guns, pistols and rifles and made a rash firing which resulted in the death of the driver.
O R D E R CRIMINAL APPEAL NO.621 OF 2008 Arising out of SLP Crl.
Thereafter the statement of Dharam Pal Singh was recorded under Section 161 Cr.
3005 of 2007 We have heard learned companynsel for the parties.
Leave granted.
These people immediately after arrival, gave warnings and started giving dirty abuses and when we opposed these people, they started firing at us wildly in order to kill us and during the companyrse of 3 above firing, the driver Nem Singh, son of Shri Vishwambh Singh, resident of Dada Ami Chandra, Bajpur died on the spot and Radhey Sham Yadav, Wakil Sahab Shamsher, Raju etc.
After the investigation a challan was filed against the accused persons but numberchallan was filed against Kanwar Survesh Kumar Singh Chauhan.
