HASIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) All these petitions bearing CRR No. 1132 of 2010, CRR No. 1128 of 2010, CRR No. 1097 of 2010, CRR No. 1068 of 2010, CRR No. 1280 of 2010 and CRR No. 3010 of 2010 have arisen from the common impugned order dated 29.3.2010 passed by Additional Sessions Judge, Nuh, thereby summoning the revisionists under Section 319 of the Code of Criminal Procedure to face the trial for an offence punishable under Sections 148/149/323/324/325/302/102- B/212 of the Indian Penal Code pursuant to FIR No. 321 dated 6.9.2008.

(2.) Prosecution story inter alia is that at about 11.30 a.m. on 6.9.2008 Mujaffar, complainant with Samim, deceased Kafil, Yusuf, Irfan and Akbar were sitting in lawn of Y.M.D. College, Nuh. In the meantime Rahis, Samim, Abbas and Saikul residents of village Muradbas, Nauman and Aslam, residents of village Meoli, Mehender, Haseen, Jahid, Abbas, Sanaulla, Tarik and Khalid, residents of village Adbar, Wahid Kasai, Sahid, residents of Nuh, Aslam, Jahid, residents of village Salmba, Sajid, resident of village Kot and Arif, resident of village Neemkhera in furtherance of their common object came armed with dandas, iron rods, knives and pistols. The complainant went to office of Principal where Javed, Principal and Imtiyaj Ahmed, Lecturer Hindi were present. He made complaint to them and told that aforesaid accused came to kill him (complainant) and others. Thereupon Principal asked the complainant to keep on sitting in the lawn and promised that none could touch them. When complainant reached in the lawn Rahis and Nauman caught Samim, deceased and Shamim gave knife blow to him. Aslam gave a knife blow in thigh of complainant. Khalid gave an iron rod blow to Kafil. Sanaulla took out one country made pistol and hit on back of right hand of Kafil. When Soyab son of Asgar intervened all the assailants inflicted injuries to many students. In the meantime Kasim and many other students from the college collected. They were shifted to Government Hospital, Nuh. Complainant and Soyab were admitted there and medico legally examined, whereas Samim was referred to Government Hospital, Gurgaon. He succumbed to the injuries on the way and brought back in Government Hospital, Nuh where autopsy was conducted. On statement of complainant Mujaffar Khan instant FIR No. 321 dated 6.9.2008 under Sections 148/149/323/324/325/302/212/120-B IPC and 25 of the Arms Act, 1959 was recorded at Police Station Nuh.

(3.) After investigation, challan was submitted before the Magistrate and thereafter case was committed to the Court of Session vide order dated 24.3.2009. Vide order dated 2.12.2009, charges to face trial under Sections 148/323/324/326/302/149 read with Section 120-B IPC were framed against all the accused, however, charge under Section 25 of the Arms Act was framed against accused Samim alias Rashid. Mujaffar Hussain, complainant was examined as PW3. After the examination of Mujaffar Hussain, application was moved to summon the present revisionists under Section 319 Cr.P.C., which was allowed vide order dated 29.3.2010.