SANJEEV KUMAR @ HAPPY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the order dated 10.10.2019 passed by the Additional Sessions Judge, Amritsar, vide which the petitioner has been summoned under Section 319 of the Code of Criminal Procedure (in short 'Cr.P.C.'), to face the trial.

(2.) Brief facts of the case are that on 24.08.2018, the informant -Vijay Kumar Malhotra, made a complaint to the police that a dinner was arranged for 5-6 families for celebrating the party of his daughter-in-law and some dispute arose with his nephew Honey Malhotra with Rishal Saini, his father Rajdeep Saini. Due to the said incident, his nephew came back to the house and after some time, Sanjeev Kumar @ Lovely armed with iron rod, Sanjeev Kumar Happy armed with Bodkin (Sua), Rishal Saini armed with baseball bat, Rajdeep Saini, armed with Bodkin (Sua), Kiran Kumar armed with dang, Pargat Singh armed with Kirach, Krishna Arora armed with baseball bat, Honey Singh armed with Bodkin (Sua), Rajinder Singh @ Rinku Dhot armed with Bodkin (Sua), Rakesh Kumar @ Rimpa armed with baseball bat, came in front of the house and they were accompanied by 7-8 unidentified persons and they started abusing them. At that time, his relative Amarjeet Singh, Kulwinder Singh @ Kinda, Prabhjot Singh, Randhir Singh Malhotra, the councilors of the area or their relatives came. Sanjeev Kumar @ Lovely raised a voice that they should be taught a lesson and gave an iron punch blow on the right side of the face of Kulwinder Singh @ Kinda, who fell down on the motorcycle standing near to him, then Sanjeev Kumar @ Happy gave Bodkin (Sua) blow on the head of Kulwinder Singh. Then Pargat Singh gave kirch blow on the back side of the head of Kulwinder Singh. Thereafter, Krishna Arora caught the arms of Kulwinder Singh @ Kinda and Honey Singh gave Bodkin (Sua) blow on the back side of Kulwinder Singh @ Kinda. Then, Kiran Kumar started beating Kulwinder Singh with his baseball bat and then Rajinder Singh @ Dhot gave Bodkin (Sua) blow on the back side of Kulwinder Singh. Thereafter, Rakesh Kumar @ Rimpa gave baseball bat blow on the shoulders of Kulwinder Singh. When the complainant tried to stop the fighting, the accused persons started beating them and they raised an alarm and thereafter, all the accused persons ran away from the spot. Thereafter, a vehicle was arranged and the victim Kulwinder Singh @ Kinda was admitted to Civil Hospital, where doctor declared him dead.

(3.) Counsel for the petitioner has submitted that during the investigation, Rishal Saini, Rajdeep Saini, Kiran Kumar, Sanjeev Kumar @ Lovely, Rajinder Singh @ Dhot, Krishna Arora, Rakesh Kumar @ Rimpa, were found innocent whereas the other accused persons including the petitioner were found involved in commission of the crime. 02 accused persons namely Pargat Singh @ Pagga, Harjit Singh @ Honey, were arrested and report under Section 173 Cr.P.C. was submitted. Sanjeev Kumar @ Happy and Binku Dhobi, could not be arrested and they were declared proclaimed offender.