SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Misc. No. 73729 of 2012 : Allowed as prayed for. Main Case :

(2.) SUKHWINDER Singh and two others have filed this revision petition under Section 401 of the Code of Criminal Procedure (in short ­ Cr.P.C.), assailing order dated 27.10.2012, passed by learned Sessions Judge, Ferozepur, thereby allowing prosecution application filed under Section 319 Cr.P.C. (Annexure P-10) for summoning the petitioners as additional accused in FIR No.09 dated 02.02.1010, under Section 302 of the Indian Penal Code (in short ­ IPC), registered at Police Station Mamdot, District Ferozepur in which Gurdev Singh accused is facing trial.

(3.) COUNSEL for the petitioners contended that in inquiry conducted by Superintendent of Police (D), the petitioners were found innocent, vide report Annexure P-6 and it was concluded that complainant party had entered into the house of the petitioners and in self-defence, Gurdev Singh inflicted fatal blow to the deceased, and therefore, challan was presented against Gurdev Singh only for offence under Section 304 IPC and not under Section 302 IPC.