RAJESH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This is a revision petition for setting aside the Order dated 14.05.2011 passed by Additional Sessions Judge, Gurgaon, vide which, an application under Section 319 of the Cr.P.C for summoning Mahender for the commission of offence punishable under Sections 302/34 IPC along with other accused persons, was dismissed.

(2.) During the course of investigation, the challan was filed against all the accused except Mahinder, who was placed in column No.2. While praying for summoning the respondent, it was contended that there are specific allegations in the FIR. The petitioner is the eye witness and as per him, Mahinder was present there having danda in his hand and when the petitioner tried to rescue his brother Ombir then Mahinder gave a danda blow on his right shoulder. It is further stated that as per the medico-legal report, the petitioner had received injury on his right shoulder. Moreover, he has appeared as prosecution witness and corroborated his statement in the FIR.

(3.) Learned counsel for the respondent-State, on the other hand, pointed out that the Additional Sessions Judge, Gurgaon had gone into the detail of the M.L.R of the deceased, as well as, of the complainant and found that the M.L.R of the petitioner belies his utterances. There were only two injuries on his person viz a viz a reddish black bruise over right shoulder with black abrasion 3x3 cms, in size. Secondly, swelling over scalp right parietal region and that it was hard to believe that a lathi blow gave a bruise of 3x3 cms. size on the body covered under the clothes and that the statement of the petitioner has not been corroborated with the statement of others.