Allahabad High Court
Pramod Kumar And Others vs State Of U.P. And Another on 17 March, 2023
Bench: Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL REVISION No. - 6720 of 2006
Revisionist :- Pramod Kumar And Others
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Jagdish Singh Sengar,Gaurav Tripathi
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
This criminal revision has been filed against the order dated 12.12.2006 passed by Additional Session Judge, Court No. 4, Kanpur Dehat in S.T. No. 246 of 2006 (State Vs. Jagat Pal alias Lalua and others) under section 498A, 304B, 316, 201 IPC and 3/4 D.P. Act, P.S. Mangalpur, District Kanpur Dehat. By the impugned order the learned court below has allowed the application filed by the prosecution under section 319 Cr.P.C. to summon the revisionists Pramod Kumar, Surendra Kumar, Smt. Kamlesh Kumari for trial with co-accused for offence under section 498A, 304B, 316, 201 IPC and 3/4 D.P. Act.
At the very outset learned counsel for the revisionists submitted that vide order dated 21.12.2006 this criminal revision has been dismissed for revisionist no. 1 Pramod Kumar and revisionist no. 2 Surendra Kumar. Learned counsel further submitted that the trial of the co-accused have concluded and vide judgment and order dated 18.9.2008 only Jagat Pal husband of the victim has been convicted by the trial court while remaining accused Pramod Kumar, Surendra Kumar, Mauji Lal and Smt. Savitri Devi have been acquitted. It is further submitted that the evidence against the revisionist no. 3 Smt. Kamlesh Kumari is almost similar to which has been produced against co-accused who have already been acquitted. So evidence is insufficient for summoning.
Learned A.G.A. submitted that as per his instruction no government appeal has been filed against the judgment and order of acquittal of co-accused namely Pramod Kumar, Surendra Kumar, Mauji Lal and Smt. Savitra Devi.
Revisionist no. 3 Smt. Kamlesh Kumari is Jethani of the deceased. The FIR was lodged with the allegations that the husband Jagat Pal and other in laws of the deceased used to harass and torture her and committed her murder for demand of dowry. After investigation charge-sheet was submitted against remaining accused exonerating Pramod Kumar, Surendra Kumar Jeths and Smt. Kamlesh Kumar Jethani. During trial an application under section 319 Cr.P.C. was filed to summon Pramod Kumar, Surendra Kumar and Smt. Kamlesh Kumari also for their involvement in the incident.
The criminal revision was filed by Pramod Kumar, Surendra Kumar and Smt. Kamlesh Kumari. But on the very first day said revision was dismissed for revisionist no. 1 and 2 Pramod Kumar and Surendra Kumar who are Jeths. They have appeared before the trial court and faced trial. After trial they have been acquitted vide judgment and order dated 18.9.2008. The other co-accused except husband Jagat Pal have also been acquitted. So it is clear that there is no sufficient and cogent evidence on record on which revisionist no. 3 can be put for trial and no fruitful purpose will be served in her trial. The impugned order is liable to be set-aside in view of the aforesaid facts.
The revision is allowed in respect of revisionist no. 3 Smt. Kamlesh Kumari and impugned order dated 12.12.2006 is hereby set-aside.
Order Date :- 17.3.2023
Masarrat
