MANBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant criminal revision has been filed under Section 401 of the Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C.") challenging the order dated 04.07.2012 passed by the learned Sessions Judge, Karnal, whereby the petitioner has been summoned as an additional accused to face trial on an application of the prosecution under Section 319 of the Cr.P.C. in case FIR No. 514 dated 28.08.2011, under Sections 148, 323, 341, 302 and 149 of the Indian Penal Code, registered at Police Station Assandh.

(2.) Brief facts of the case, as per the FIR are that complainant Pala Ram made a statement that about one year ago that his son Krishan was convicted by the court on account of a fight with his neighbour Babli etc. About 6/7 months ago, Krishan was released on bail. The complainant and his son Krishan boarded a bus from Village Salwan to reach Panipat but when they reached near the fields of Kalu Ram Gosain, at about 5.00 p.m., then Babli armed with a sword, Jasbir armed with a knife, Sahab Singh armed with a sword, Moni and Manbir Rana armed with Binda were standing on the road. All of them stopped the bus and after getting into the bus, Sahab threw chilly powder in the eyes of Krishan and forcibly alighted him from the bus and immediately all of them attacked him with sword, knife and bindas and caused injuries on both his arms and legs with knife and bindas. Krishan became unconscious on account of the injuries inflicted on him and the complainant cried Bachao-Bachao. Pawan son of Surjit, who was his neighbour and was also in the bus, saved them from the hands of the accused. Thereafter, all accused persons ran away from the spot with their respective weapons. Thereafter complainant took his son Krishan to Government Hospital, Karnal in some private vehicle for treatment. During treatment, his son Krishan succumbed to injuries.

(3.) I have heard learned counsel for the parties and perused the record.