SAROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed challenging the order dated 7.5.2012 summoning the petitioner under Section 319 of the Cr.P.C. As per the FIR, Rajwinder Singh @ Raju grand son of the relative of the informant was waylaid by about 8 to 10 persons who caused him various injuries. Thereafter presuming him to be dead, they retreated.

(2.) The informant/eye witness went towards Raju and gave him some water. At that stage, the petitioner along with his co-accused Sarabjit Singh raised a lalkara exhorting others that Raju had not died and, therefore, job should be finished. At that, the other assailants again attacked Raju and killed him.

(3.) The police having found the petitioner and his co-accused innocent, they were not charged. However, they were summoned under Section 319 of the Cr.P.C after the statement of the informant was recorded but before cross examination could be conducted. Revision against the said order was dismissed by this Court vide order dated 12.10.2006. The said order dated 12.10.2006 was impugned before the Hon'ble Supreme Court. The Hon'ble Supreme Court in Sarabjit Singh and another v. State of Punjab, 2009 3 RCR(Cri) 388, set aside the order and remitted the case back to the trial Court for fresh decision, by noticing as follows :-