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Showing contexts for: s.319 in State vs . Om Prakash Sharma & Ors. on 26 October, 2021Matching Fragments
2. After investigation, charge-sheet was filed regarding commission of offence punishable U/s 323/341/506/34 IPC against accused Om Prakash Sharma.
3. Vide order dated 12.02.2020, accused Om Prakash Sharma was charged for offence punishable U/s 323/341/506(II)/34 IPC.
4. Vide order dated 20.10.2020, witness PW1 was examined and cross examined and on 27.10.2020, witness PW2 and witness PW3 Ameeque Jamai/complainant was also examined.
5. Vide order dated 28.10.2020, application U/s 319 Cr.PC was moved on behalf of the State to summon the accused Tarvinder Singh Marwah as additional accused to face the trial. The application was allowed and disposed off and accused Tarvinder Singh Marwah was summoned as co accused as per RAVINDRA RAVINDRA KUMAR KUMAR PANDEY Date: 2021.10.26 PANDEY 15:51:30 +0530 State Vs. Om Prakash Sharma & Ors. FIR No. 70/2016, PS Tilak Marg page no.2 provision U/s 319 Cr.PC.
During examination in chief of the witness, PW3 after summoning of the accused Tarvinder Singh Marwah U/s 319 Cr.PC, witness PW3/complainant deposed that on 15.02.2016 at about 12.00 noon to 2.00 pm, he was present at Patiala House Court as Kanhiya Kumar who was the then President of JNU Student Union was to be produced by police in the Court. He further deposed that he was present there alongwith Professor Asha Kidwai, Bishwajeet Kumar and Binay Biswal. He deposed that a mob of few persons who were wearing black coats and who were chanting the slogans of Bharat Mata Ki Jai and Bhartiya Janta Party Jindabad and were abusing in filthy language to the Communist Ideology and JNU and were trying to provoke the witness and his associates. Witness deposed that Digitally signed by RAVINDRA RAVINDRA KUMAR KUMAR PANDEY there were some journalists from media specifically women who PANDEY Date:
30. It is submitted on behalf of the accused Tarvinder Singh Marwah that accused Tarvinder Singh Marwah was Digitally signed by summoned U/s 319 Cr.PC and during the trial complainant RAVINDRA KUMAR RAVINDRA KUMAR PANDEY PANDEY Date:
2021.10.26 15:59:21 +0530 State Vs. Om Prakash Sharma & Ors. FIR No. 70/2016, PS Tilak Marg page no.32 PW3 complainant who was again examined on 03.02.2021 after summoning of accused U/s 319 Cr.PC. During his examination as PW3, complainant specifically denied about the presence of accused Tarvinder Singh Marwah at the place of incident and had not assigned any role against him in the commission of offence punishable U/s 341/323/34 IPC. No other incriminating evidence collected by the police during the investigation qua the accused Tarvinder Singh Marwah regarding his presence and role in the commission of offence and he was not chargesheeted initially in the Final Report/Chargesheet filed U/s 173 Cr.PC. The Court is of the considered view that accused Tarvinder Singh Marwah is liable to be acquitted from the present case for want of any incriminating evidence against him, hence accused Tarvinder Singh Marwah is acquitted from the present case and from the charges punishable U/s 341/323/34 IPC.