SONIA GOYAL Vs. CHANDIGARH ADMINISTRATION AND OTHERS

JUDGEMENT

(1.) Petitioner is Sonia Goyal wife of Rajesh Kumar Goyal. She is aggrieved by an order dated January 30, 2013 dismissing the application filed by the petitioner for summoning Rajan Jain and Mukal Bansal as additional accused in a murder trial in which Mandeep Singh, Ishwinder, Shiv Kumar and Kanav Arora are already facing trial. Petitioner in her application under Section 319 Cr.P.C. submitted that she is a victim being wife of deceased Rajesh Kumar Goyal who was murdered and the abovesaid four accused are facing trial. There is prima facie evidence available on the record to summon Rajan Jain and Mukal Bansal as additional accused as their involvement in the offence of murder and their criminal conspiracy with other accused is reflected from the evidence. Statement of PW26 Iqbal Singh Sabharwal has been relied upon by her wherein he has indicted the above said two persons for their involvement in the murder of Rajesh Kumar Goyal.

(2.) The trial Court after going through the record dismissed the application on the ground that applying the principles of Michael Machedo Vs. Central Bureau of Investigation, 2000 2 RCR(Cri) 75, there is no ground to summon the additional accused.

(3.) Counsel for the petitioner Mr.B.S. Thind has vehemently contended that if the statement of PW26 Iqbal Singh Sabharwal is carefully perused, it indicates that accused Shiv Kumar and Kanav Arora were merely coins in the hands of Rajan Jain and Mukal Bansal. Iqbal Singh Sabharwal has, in his statement made in the Court after having been summoned as a witness under Section 311 Cr.P.C., connected the additional accused with the offence of conspiracy and motive of the additional accused to get the deceased killed. Mr.Thind has submitted that an application had been filed by PW 26 Iqbal Singh Sabharwal for clubbing of the two criminal cases i.e. the present case alongwith the subsequent criminal case of cheating registered at his instance as FIR No. 123 dated June 19, 2008 under Sections 420, 120-B IPC at Police Station Sector 3, Chandigarh.