KAMLESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition is directed against the order dated 25.09.2018 passed by the learned Additional Sessions Judge, Kaithal, whereby an application under Section 319 Cr.P.C., filed by petitioner-complainant, Kamlesh wife of Dalip (deceased) and mother of Ankit (deceased), through Public Prosecutor, for summoning respondent Nos. 2 to 7, namely, Neeraj, Uday, Jaswinder, Ankush, Ratna and Surinder, as additional accused, was dismissed.

(2.) As would emerge from the facts on record, complainant-Kamlesh got registered FIR No.385 dated 06.11.2017, under Sections 148, 149, 302 and 120-B IPC and Section 25 of the Arms Act, 1954, Police Station Pundri Kaithal.

(3.) While appearing before the trial Court as PW1, the complainant made a specific assertion that on 05.11.2017 at about 5.30 p.m., she had left the courtyard after milching the cattle; that when her husband-Dalip and son-Ankit, who had been on their motor-cycle and having buckets of milk, reached near the school of the village, eight persons sitting on the school wall, had jumped and encircled her husband and son; that within her view, Uday had caught hold of her husband and Jaswinder had caught hold of Ankit; that Neeraj and Ankush had thrown chilli powder in their eyes; that Vikram alongwith Naresh had given knife blows on the chest, stomach and arm of Ankit and Dalip, and that upon raising an alarm, all the assailants had fled away from the spot. Dalip and Ankit were declared brought dead.