HARIOM SHARMA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed against the impugned order dated 20.04.2011 passed by learned Additional Sessions Judge, Rewari, vide which application filed under Section 319 of the Code of Criminal Procedure by the prosecution was dismissed.

(2.) Briefly the facts of the case as mentioned in the revision petition are that FIR No.17 dated 22.01.2010 was registered under Sections 307, 325, 320 and 120-B read with Section 34 of Indian Penal Code at Police Station, Model Town, Rewari as one Rattan Lal was murdered and Ashok Kumar was critically injured. In the FIR, the names of accused persons were Sanjay, Shyam Singh and Sonu @ Sunil, who were charge sheeted under Sections 147, 149, 307 and 120-B IPC vide order dated 19.10.2010. During investigation, no evidence was found against Kapil Soni, Narsi Chauhan and Pavitra and they were kept in column No.2 of the challan.

(3.) Thereafter prosecution examined PW1-Dr. Deepak Verma, PW2-Dr. J.K. Saini, PW3-Hari Om Sharma and PW4-Ashok Kumar. After recording statements of said PWs, an application under Section 319 Cr.P.C. was moved by the prosecution for summoning of additional persons on the grounds that it came in the evidence of Hari Om and eye-witness Ashok Kumar-injured that the accused persons namely, Kapil Soni, Narsi Chauhan and Pavitra were found to have taken active participation in the occurrence with common object and formed unlawful assembly with other accused. The said application under Section 319 Cr.P.C. was dismissed vide order dated 20.04.2011 on the ground that there was no sufficient evidence to summon these persons as an additional accused as no fresh evidence was there and the case was already investigated by the Investigating Agency.