DHARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure (in short the 'Code ') against order dated 2.12.2009, passed by learned Additional Sessions Judge, Sangrur, vide which application filed by the prosecution under Section 319 of the Code for summoning the present revision petitioner as an accused to face trial alongwith Harjinder Singh alias Rajinder Singh, Ramkaran Singh, Shemsher Singh alias Sher Singh and Karamjit Singh, already facing trial in Sessions Case No. 4 of 31.1.2009 arising out of FIR No. 105, dated 13.9.2008, registered under Sections 302, 452, 148, 149 of the Indian Penal Code (in short 'IPC '), at Police Station Lehra, was allowed.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned Additional Sessions Judge, Sangrur.

(3.) Brief facts necessary for disposal of the present revision petition are that Tarsem Singh son of Niranjan Singh, resident of Village Dhadoli Kalan, lodged a complaint regarding murder of his brother Chamkaur Singh on the allegations that he alongwith his brother Chamkaur Singh had gone to the house of his in-laws at village Sangatiwala, when accused Harjinder Singh armed with kirch, accused Karamjit Singh armed with soti, his brothers Dharam Singh and Sher Singh son of Ram Karan Singh and Ramkaran Singh son of Hazura Singh empty handed entered the house. They started quarrelling with them. Dharam Singh and Sher Singh caught hold of his brother by his arms and accused Harjinder Singh had given a kirch blow underneath his right flank, which proved to be fatal.