DHARAM VIR Vs. PAWAN KUMAR

JUDGEMENT

(1.) By this common judgment, both the above-mentioned revision petitions, i.e. CRR-400-2022 and CRR-795-2022 shall be decided together.

(2.) Prayer in the above mentioned petitions is for setting aside the order dtd. 17/12/2021 passed by the Additional Sessions Judge, Panchkula vide which application filed by the prosecution under Sec. 319 Cr.P.C. for summoning petitioners Dharam Vir and Pawan Kumar @ Pawan as additional accused to face trial with the two accused Naib Singh and Rambir @ Titu, who are already facing the trial, was allowed.

(3.) Brief facts of the case are that the FIR was registered with the allegations that on 24/12/2018 at around 6.47 p.m., when the complainant, who is a labourer, was going towards his cattle shed and reached near the house of Prem, Ranbir @ Titu, Naib, Dharambir and Pawan Kumar came there and gave 5-6 slaps on the back of his head. The complainant escaped from there and entered into the shop of one Hussain and called upon his nephew Sandeep who said that due to cold weather he is tying cattle inside. Ranbir @ Titu threw burning'parali' upon him. Naib suddenly gave a blow with sharp weapon taking it from the hands of Ranbir @ Titu and caught hold both of the hands of the complainant. Ranbir @ Titu gave dattar blow on his forehead and then gave a blow on the hand of the complainant, when he raised hand in order to save himself. Pawan Kumar, Naib and Dharam Vir gave many fist blows on eyes and gave beatings to kill him. Sandeep @ Dipu, who was trying to save him also got injuries on the fingers of his left hand. On hearing the noise, many people gathered at the spot. All the four, by conniving together, tried to kill the complainant with sharp weapon and tried to burn him and had done a deadly attack on him.