BIKKAR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present revision petition has been filed against the impugned order dated 10.01.2012 passed by learned Additional Sessions Judge, Sangrur, vide which, application filed by the prosecution under Section 319 of the Code of Criminal Procedure has been dismissed.

(2.) Briefly the facts of the case as mentioned in the revision petition are that FIR No.5 dated 13.01.2009 was registered under Sections 323, 324 and 307 read with Section 34 of Indian Penal Code at Police Station, Bhawanigarh, Tehsil Bhawanigarh, District Sangrur on the basis of complaint made by the present petitioner, who is uncle of injured-Baldev Singh. In the investigation, one person, namely, Bhavishan Singh @ Bhisha, was found innocent and .... he was kept in column No.2 of the challan. Subsequently, on recording statement of PW-1-Bikkar Singh (Complainant), an application under Section 319 Cr.P.C. was moved by the prosecution for summoning of said Bhavishan Singh @ Bhisha as an additional accused to face trial along with other accused. The said application was dismissed by learned Additional Sessions Judge, Sangrur vide order dated 10.01.2012, which is subject matter of challenge in the present revision petition.

(3.) Learned counsel for the petitioner has argued that the impugned order has been passed contrary to the facts as it has been mentioned in the impugned order that the statement of complainant was not corroborated by the statements of Jasbir Singh and Dalbir Singh. Presence of additional accused sought to be summoned was not mentioned in the statements of Jasbir Singh and Dalbir Singh and his presence at the time of alleged occurrence could not be proved. There was no evidence before the Summoning Court to summon said additional accused whereas it was mentioned in the statement of both the eyewitnesses and as such statement of complainant was corroborated with the statements of other witnesses.