SAHAB RAJWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Revisionist - Sahab Rajwinder Singh - has filed the present petition challenging the order dated 3.3.2011 passed by Sessions Judge, Jind, by virtue of which application under Section 319, Code of Criminal Procedure for summoning Tara and Harbhajan Kaur as additional accused, to face trial punishable under Sections 307/452/341, Indian Penal Code read with Section 25, Arms Act, was rejected.

(2.) The brief facts of the present case inter alia are that complainant/revisionist lodged a report with the police that on 5.3.2010 at about 9.30 a.m., his daughter Priyanka was studying in the outside bedroom, while his wife was sitting with him in the adjoining room; at that time Samandeep Singh, Gurmukh Singh and Tara Singh along with Harbhajan Kaur came to his house and Samandeep Singh had fired on his daughter with pistol. After receiving injuries his daughter Priyanka fell down on the bed and on her noise he and his wife came out of the room and on seeing them the accused ran away from the spot. According to the complainant, Samandeep had fired with an intention to kill his daughter. The motive behind the occurrence is refusal of his daughter to marry with Samandeep. The complainant took his daughter to the hospital. On the basis of this statement, case under Sections 307/452/341, Indian Penal Code read with Section 25, ArMs. Act was registered against the accused persons.

(3.) After the investigation, police has submitted challan against Samandeep and Gurmukh Singh accused, however, has not filed any challan against Tara Singh, grandfather and Harbhajan Kaur, mother of accused Samandeep. Injured Priyanka, daughter of the present revisionist, has appeared as PW-1 before the trial Court and has stated on oath as under: