SUKHVINDER SINGH @ GAGGA Vs. STATE (GNCTD OF DELHI)

JUDGEMENT

(1.) The petitioners are facing trial in Sessions Case No. 46/2020, arising out of FIR No. 01/2018, dtd. 3/1/2018, registered in Police Station, Defence Colony, under Sec. 325 of the Indian Penal Code, 1860 [ "IPC "]. By way of this petition under Sec. 482 of the Code of Criminal Procedure, 1973 [ "CrPC "], they have assailed an order dtd. 28/1/2022, by which the Trial Court has allowed an application filed by the prosecution under Sec. 311 of the CrPC for summoning of an additional witness.

(2.) The FIR was registered at the instance of one Gurmeet Singh [hereinafter "the complainant "] in respect of an incident alleged to have taken place on 11/12/2017. The complainant claims to have left his home at around 11:35 PM by car to withdraw money. He found that a car driven by the petitioner No. 1 was following him. The estranged wife of the complainant, who is the petitioner No. 3, was also in the car. It is alleged that the petitioner No. 1 pulled him out of the car, threw him on the road and beat him. The petitioner No. 3 is also accused of instigating others to beat the complainant. The complainant drew out his gun to defend himself, but the petitioner No. 2 tried to snatch the gun, in the course of which a shot was fired, and it hit the rear side of the car. The complainant claims to have been subjected to blows by fists and with a baseball danda [hereinafter "baseball bat "]. It is alleged that another shot was also fired, and that the petitioner No. 2 snatched the complainant 's phone, gold chain and approximately ?1500/- cash. An FIR under Sec. 304 of the IPC [FIR No. 234/2017, dtd. 12/12/2017, registered in Police Station Defence Colony, under Sec. 307 of the IPC and Sec. 27 of the Arms Act, 1959] was registered against the complainant at the instance of the petitioner No. 1. The complainant was detained by the police but alleged that he and his family members have been threatened by the petitioner Nos. 1 and 3.

(3.) In the course of the investigation, the complainant was examined and a Medico-Legal Case [ "MLC "] was drawn up by the All India Institute of Medical Sciences Trauma Centre, wherein Dr. Kaberi Debbarma, Junior Resident, opined that the injuries were grievous and caused with a blunt weapon.