Tejveer Alias Guddu vs State Of U.P. And Anr.
2011 Latest Caselaw 313 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- CRIMINAL REVISION No. - 1524 of 2011
 

 
Petitioner :- Tejveer Alias Guddu
 
Respondent :- State Of U.P. And Anr.
 
Petitioner Counsel :- Rahul Saxena
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Heard Sri Vinay Saran Advocate holding brief of Sri Rahul Saxena learned counsel for the revisionist and learned A.G.A.

Learned counsel for the revisionist contended that but for a single line statement of victim in the first information report that double murder crime was committed in conspiracy with revisionist, there is no other material to prosecute him.

Record indicates that it is a case of day light double murder, which was executed on 20.3.2006. Two people namely Malkhan Singh and Constable Sunil Kumar lost their lives in the incident. There are eyewitnesses account. Scope of discharge under Section 227 Cr.P.C. for offence triable by court of session, which is applicable in the present case, is very limited. Evidence of prosecution has to be looked into only for the purposes to determine as to whether there is sufficient ground for proceeding or nor? Even on suspicion, charge can be framed under Section 228 Cr.P.C. and accused cannot be discharged. Sufficiency of ground for proceeding, does not mean sufficient ground to record conviction. Whether revisionist conspired in execution of incident or not, has to be looked into after tendering evidence. Sessions Judge, therefore, has not committed any error of law in passing the impugned order dated 21.2.2011 in S.T. No.879 of 2006 State Vs. Tejvir @ Guddu and others under Sections 147, 148, 149, 307, 302, 120-B I.P.C. and 7 Criminal Law Amendment Act, Police Station Quarsi, District Aligarh.

This revision being meritless is dismissed.

Order Date :- 16.3.2011

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