TILAK RAJ Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) The contour of the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, in the wake of complaint of complainant Ram Kumar son of Shri Chand (for brevity "the complainant"), a criminal case was registered against accused Sonu Sohan Lal, Manmohan sons of, Bala Devi wife of, Tilak Raj and Tilak Raj son of Sri Chand, vide FIR No.321 dated 27.12.2010 (Annexure P2), on accusation of having committed the offences punishable under Sections 148, 302 and 323 read with section 149 IPC by the police of Police Station Kunjpura, District Karnal.

(2.) During the course of investigation, Tilak Raj petitioner was found innocent. However, the police submitted the final police report (challan) against the remaining accused and they were accordingly charge sheeted for the commission of pointed offences by the trial Court and the case was slated for evidence of the prosecution.

(3.) The prosecution, in order to substantiate the charges against the accused, inter-alia examined complainant Ram Kumar as PW9, who clearly stated about the complicity of petitioner and supported the prosecution version in its entirety. Thereafter, the prosecution/complainant moved an application to summon him u/s 319 Cr.PC.