ASHU SHARMA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) This is a revision petition against the order dated August 24, 2012 passed by Additional Sessions Judge, Jalandhar, dismissing an application for summoning additional accused under Sections 319 Cr.P.C. in a cross-version recorded in FIR No. 129 of 2009 under Sections 307,427, 148, 149 IPC read with Sections 25, 27 of the Arms Act, at Police Station Division No.1, Jalandhar.

(3.) Brief facts relevant for decision of the present petition are that the FIR No.129 of 2009 was registered at the instance of Anil Dhal alleging that the complainant alongwith his brother Amit Dhall and friend Manpreet @ Sonu had gone in their Endeavour Car for inauguration of shop of their friend Ashok Kumar at Gopal Nagar at 2.45 p.m. They were attacked by Manoj Kumar Nanna, Chhota Kala, Davinder Bains, Bitti etc. armed with fire arms like 12 bore rifle, pistols and double barrel 12 bore gun. In the same case, a cross-version was recorded at the instance of Ashu to the effect that on September 26, 2009 Ajay Yadav and few others were present when 10/12 other boys came in Bolero and Swift cars including Pankaj Dhall, Bobby Dhall, Rinku Dhall etc. When Manoj Kumar @ Nanna came after parking his car, Ajay Yadav had drawn the attention of his accomplices to attack Nanna then Pankaj Dhal took out 12 bore gun from his vehicle whereas other boys took out datar and gandasi from the vehicles and started firing at Nanna on which Nanna and Davinder Bains ran towards the mohalla from crossing. There was a cross-fire as a result of which ASI Avtar Singh and others were injured. Another FIR No.130 pertaining to the same incident was recorded at the instance of Avtar Singh alleging that in cross-fire between the two groups, he received pallet injury.