SUNITA LOVELY AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Five petitioners are before this Court to impugn the order whereby they stand summoned for offences under Sections 148, 323, 324 and 149 IPC to face prosecution alongwith some other accused, who are already before this Court.

(2.) In this case, the cross case is in progress against Tarsem Lal, Ram Pal, Naresh Kumar, Surinder Pal and Mulakh Raj. Swaran Singh appeared to give his testimony before the Court and has deposed that these accused were armed with different weapons. In the course of his testimony, he has also named Vijay Kumar to be armed with iron rod, Dr. Baldev Heer armed with an iron rod. Sunita Lovely wife of Surinder Pal armed with Danda, Surjit Kaur wife of Tarsem Lal armed with Danda, Rajinder Kaur wife of Om Parkash and Soni son of Om Parkash both armed with danda who had also come to the spot. In his evidence, Swaran Singh has assigned specific role to Ram Pal, Tarsem Lal, Surender Pal and Naresh Kumar besides Mulak Raj. He, however, has vaguely stated that "Vijay Kumar, Dr. Baldev Heer, Rajender Kaur, Surjit Kaur, Soni, Sunita Lovely caused injuries to my- son Tirath Singh". On the basis of this evidence, the Court has summoned the present petitioners to face prosecution alongwith other accused.

(3.) Counsel for the petitioners would contend that this evidence would not be sufficient to summon the petitioners as this would not meet the requirement of law, as per which for summoning the additional accused, the Court has to satisfy itself that on the basis of evidence led, there would be a prospect of conviction.