On account of such assault, Brijesh Kumar Singh died on the spot and Manvender Singh also sustained injuries.
P.C. and by his order dated 15th September, 2007, the learned Additional Sessions Judge, once again, dismissed the application filed by the respondent No.2 for summoning the appellants herein under Section 319 Cr.
On 19th June, 2007, the deposition of Kamlesh Singh PW.1 was recorded by the learned Sessions Judge, Sitapur.
On companypletion of investigation, the Investigating Officer filed a challan against the accused persons on 22nd October, 2006, under Section 307, 302 read with Section 120 B IPC and the matter was, thereafter, companymitted to the Sessions Court for trial.
The said witness reiterated the statements which had been made by him in the First Information Report.
P.C. The dismissal of the application was followed by a second criminal revision petition filed by the respondent No.2 on 5th October, 2007, being No.549 of 2007 and after hearing the parties, the High Court came to the companyclusion that the fresh order passed by the learned Additional Sessions Judge on 15th September, 2007, was in direct defiance of the order passed by the High Court earlier on 29th August, 2007.
P.C. before the learned Sessions Judge, Sitapur, for summoning the appellants herein to face trial in respect of the said incident.
It also appears that on the same day, Kamlesh Singh filed an application under Section 319 Cr.
In companypliance with the said order, the learned Additional Sessions Judge re heard the application filed under Section 319 Cr.
ALTAMAS KABIR,J. Leave granted.
In respect of an incident which took place on 1st October, 2006, in the day time at about 1.00 p.m., Kamlesh Singh PW.1 lodged a companyplaint before the Station House Officer, Police Station Sitapur, U.P., alleging that while his younger brother, Brijesh Kumar Singh alias Bablu Singh along with his brother in law Manvender Singh, was going on foot towards Mani Chauraha through Gupta Colony at Sitapur, U.P., the accused persons, in a planned manner with companymon intention, attacked the deceased and Manvender Singh.
The said application was dismissed by the learned Additional Sessions Judge on 5th July, 2007, and against such order of dismissal, Kamlesh Singh filed Criminal Revision No.413 of 2007, which was disposed of by the High Court on 29th August, 2007, by setting aside the impugned order and directing the trial Court to pass a fresh order in the light of the observations made in the order of the High Court.
