TARSEM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Tersely, the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, initially, in the wake of complaint of petitioner-complainant Tarsem Singh son of Amrik Singh (for brevity "the complainant"), a criminal case was registered against accused Salinder Singh @ Shinda, Milkha Singh sons of Gurbachan Singh, Harpal Singh (juvenile) son of Shalender Singh, Baljit Singh (respondent No. 2) and Bachittar Singh (respondent No. 3) sons of Milkha Singh, by virtue of FIR No. 30 dated 8.2.2010 for the commission of offences punishable under sections 302 & 307 read with section 34 IPC and sections 25 & 27 of the Arms Act by the police of Police Station Lopoke, District Amritsar. During the course of investigation of the case, accused Baljit Singh and Bachittar Singh (respondent Nos. 2 and 3) were found innocent. However, after completion of the investigation, the police submitted the final police report (challan) against the remaining three accused, namely Salinder Singh, Milkha Singh, Harpal Singh. They were accordingly charge sheeted for the commission of indicated offences and the case was slated for evidence of the prosecution.

(2.) The prosecution, in order to substantiate the charges against the accused, examined complainant Tarsem Singh as PW 1, who has, inter-alia, stated that respondent Nos. 2 and 3 were armed with Dangs and have participated in the commission of the crime. Thereafter, the complainant moved an application u/s. 319 Cr.P.C. to summon Baljit Singh & Bachittar Singh respondents No. 2 & 3 as additional accused to face the trial along with their already charge sheeted main accused.

(3.) The trial Judge dismissed the application u/s. 319 Cr.P.C. of complainant, by way of impugned order dated 6.4.2011 (Annexure P1).