SHIVRAJ SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) PRESENT petition is filed challenging order dated 31.03.2010 passed by learned Sessions Judge, Sirsa, thereby declining the request of the complainant to summon private Respondent Nos. 2 to 6 under Section 319 of the Code of Criminal Procedure to face trial in Sessions Case No. 113 -SC of 2008.

(2.) INTER -alia, prosecution story is that Shivraj Singh -complainant along with some other persons of his community were going to Gurudwara Singh Sabha, Dabwali, for paying obeisance and when they reached near the house of Sunder Dass accused where Naam Charcha was being held, accused Sunder Dass etc. attacked the complainant and his companions resulting in death of Harmander Singh and injuries to Shivraj Singh -complainant. Matter was reported to the police. Investigation was carried out. The persons now sought to be summoned as accused were found innocent and were not challaned. On completion of investigation, challan was presented in the Court and charge under Sections 148, 302/149, 324/149 and 427 IPC was framed against accused Sunder Dass and others. Shiv Raj Singh -complainant has stated before the police as under:

(3.) LEARNED Sessions Judge vide impugned order has observed as under: