Dismissed

Zahid and Others v. State of U.P. and Others

Allahabad HC25 Oct 2018CRLR/5478/2009

Case brief

AI extract

What is this about?

High Court Criminal Revision dismissed petitioners challenging their summons under Section 319 Cr.P.C. Trial court correctly relied on injured witness evidence corroborated by FIR. Revisionists to surrender within one month for bail consideration; no coercive action pending.

What did the court decide?

Revision dismissed. Interim order vacated. Petitioners to surrender within one month for bail consideration; no coercive action till then.

Zahid and Others Vs State of U.P. and Others — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL REVISION No. - 5478 of 2009

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Revisionist :- Zahid And Others Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- Awadhesh Singh Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the revisionists and learned A.G.A and perused the record.

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This criminal revision has been preferred by Zahid, Danis & Aju against Smt.Naseem and State of U.P., challenging the order dated14.10.2009 passed by Additional Session Judge/F.T.C. No.4, Muzaffarnagar, whereby revisionists Zahid, Danis & Aju were summoned under Section 319 Cr.P.C. in Case Crime No.38 of 2008 under section 307 I.P.C., Police Station G.R.P.F., District Muzaffarnagar.

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Learned counsel for the revisionists submitted that order passed by the court below is without law and fact.

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Learned A.G.A has submitted that from perusal of record it transpires that on the basis of evidence of P.W.-2 and injured P.W.-1, three persons Zahid, Danis & Aju were summoned and P.W.2 has stated that four accused, one Maharaj and three revisionists were indulged in the crime and several incised wounds were found on the body of the injured. This fact was corroborated by the statement of Mausam Chutail and injury report of Mausam Chutail.

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Evidence of injured witness is very material in criminal cases and evidence of the injured witness cannot be discarded in routine manner in the case of Jarnail Singh vs. State of Punjab, 2009 (6) Supreme Court 526, the Court has held that deposition of an injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies for the reason that his presence on the scene of incident established in the case and it is proved that he suffered the injuries during the said incident. In the case of Maqsoodan vs. State of U.P. (1983) 1 SCC 218 , the Apex Court has held that presence of the injured witnesses at the time and place of the occurrence cannot be doubted as they had received injuries during the course of incident and they should normally be not disbelieved.

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From the perusal of record it transpires that two witnesses were supported the prosecution case and the F.I.R was also lodged against four accused including the revisionists, hence, this Court finds no illegality or infirmity in the impugned order. The revision lacks merit and is, hereby, dismissed. Interim order, if any, stands vacated.

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However, it is observed that in case the revisionists surrender and apply for bail within one month from today, the same shall be considered and decided. Till then no coercive action shall be taken against the revisionists.

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Copy of this order be transmitted to the Court concerned immediately.

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Order Date :- 25.10.2018 SKD

Zahid and Others v. State of U.P. and Others

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Zahid and Others v. State of U.P. and Others

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