INDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure 1973, (Cr.P.C. for short), challenging the order dated 31.8.2012, whereby the application moved by the prosecution under Section 319 Cr.P.C. for summoning respondents No.2 to 5 as additional accused was dismissed.

(2.) Learned counsel for the petitioner has not pressed the petition qua respondents No.2, 3 and 5. Consequently, this petition qua respondents No.2, 3 and 5 is dismissed as not pressed.

(3.) Learned counsel for the petitioner has further submitted that so far as respondent No.4 Dinesh is concerned, the complainant had specifically stated before the police that respondent No.4 Dinesh was armed with an iron rod at the time of occurrence and had given a blow with the same on the head of his wife. The complainant as well as injured Santosh, while appearing in the witness box, have deposed with regard to the fact that respondent No.4 Dinesh had given an iron rod blow on the head of Santosh. The said injury was duly corroborated by the medical evidence. The trial Court had erred in dismissing the application moved by the prosecution for summoning respondent No.4 Dinesh as an additional accused because there was sufficient material on record to proceed against respondent No.4 Dinesh as an additional accused.