TARSEM SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Tarsem Singh-complainant has directed the present revision petition against the order dated 04.08.2012 passed by Shri Ashok Paul Batra, Additional Sessions Judge, Sangrur on an application filed by Tarsem Singh-complainant under Section 319 of the Code of Criminal Procedure seeking summoning of Pavitar Singh son of Surjit Singh and Tarsem Singh @ Toti son of Pritam Singh as additional accused.

(2.) The brief facts of the prosecution story are that on 7.11.2010 at about 10.30a.m. father of the complainant had to plough the field for cultivation of wheat. Some persons from his village namely Surjit Singh, Tarsem Singh @ Toti, Pavitar Singh, Harvinder Singh alias Kala on a tractor Make HMT-3511, being driven by Surjit Singh came. His mother Bhajan Kaur was standing outside the house. They stopped the tractor. Surjit Singh and Harvinder Singh alias Kala were holding axe in their hands. Pavitar Singh and Tarsem Singh were empty handed. All these persons raised lalkara that today Jagjit Singh would not be spared and they would tell him how the land from their shares has been taken. Upon this, Surjit Singh hit his father with axe on the lower back while sitting on the tractor. His father raised cries and run away to save himself. Then the complainant along with his mother ran away to rescue his father, then Surjit Singh hit his mother with the axe on the back side of the neck and simultaneously Harvinder Singh alias Kala gave axe blow on her head and then Surjit Singh again hit his mother with axe on the right side of her head. His mother full of blood fell on the floor. Thereafter, Surjit Singh hit him with the axe on the right side of his lower back. Thereafter, Harvinder Singh alias Kala hit the axe towards his head and he brought his right arm forward for his rescue and which hit on his right arm. The accused ran away from the spot. They were shifted to Hospital. His mother died due to injuries. On the basis of aforesaid statement, FIR was got registered and after investigation challan against accused Surjit Singh and Harvinder Singh alias Kala only was presented.

(3.) After recording two material witnesses, the complainant filed an application for summoning of Pavitar Singh son of Surjit Singh and Tarsem Singh @ Toti son of Pritam Singh as accused. The trial Court after hearing the learned counsel for the parties dismissed the said application vide order dated 04.08.2012.