RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both these petitions are being disposed of by one common order as the same arise out of the same FIR and are also against the same order dated 20.03.2010 passed by the Additional Sessions Judge (Ad hoc) Rupnagar.

(2.) Vide order dated 20.03.2010 passed by the Additional Sessions Judge (Ad hoc) Rupnagar, petitioners, namely, Raj Kaur, Harjit Kaur, Satwinder Kaur (in CRR No. 1126 of 2010) and petitioner Harjinder Singh (in CRR No. 2509 of 2010) have been summoned under section 319 Cr.P.C to face trial in complaint as additional accused.

(3.) Facts giving rise to filing of the revision petition are that FIR No. 65 dated 14.07.2009 was registered at Police Station Nurpur Bedi, District Ropar for offences under Sections 323, 307, 341 and 34 IPC on the information given by Kulwinder Singh (accused in the case) against some persons, in which, Harmesh Singh son of Gulzar Singh was one of the accused persons having caused injuries to the complainant party. Harmesh Singh etc. are facing trial for the said offence in the court of the Additional Sessions Judge (Ad hoc) Fast Track Court, Rupnagar. On the statement of Harmesh Singh, the police of police Station Nurpur Bedi set up a cross case in the same FIR. Harmesh Singh levelled allegations against Kulwinder Singh son of Daya Singh, Daya Singh son of Chanchal Singh, Harjinder Singh alias Jinder son of Kirat Singh, Maninder Singh alias Sammi son of Kesar Singh, Raj Kaur wife of Daya Singh, Harjit Kaur wife of Kirat Singh and Satwinder Kaur wife of Kesar Singh for alleged offence under sections 323, 324, 34 IPC. After the investigation conducted by the Police, report under Section 173 was submitted against two persons, namely Kulwinder Singh and Daya Singh under Sections 323, 324, 34 IPC and has found others, named above, including the petitioners as innocent. The names of the other five including petitioners have been mentioned in Column No. 2 of the report under section 173 Cr.P.C. During trial, complainant Harmesh Singh was examined as PW2. He reiterated his allegations in his examination in chief when the police set up a cross case. He was also cross examined. On the basis of his evidence, the learned trial Court summoned the petitioners namely, Raj Kaur, Harjit Kaur, Satwinder Kaur (in CRR No. 1126 of 2010) and petitioner namely Harjinder Singh (in CRR No. 2509 of 2010) under section 319 Cr.P.C. Aggrieved, the petitioners have filed the present revision petition against the order dated 20.03.2010 passed by the trial Court, summoning the petitioners under section 319 Cr.P.C.