ANOOP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed against order dated 03.05.2012 passed by learned Sessions Judge, Gurgaon vide which the application filed by prosecution under Section 319 Cr.P.C. summoning the petitioner as an additional accused to face trial alongwith the accused already facing trial in FIR no.126 dated 27.05.2011, under Sections 302/307/323/ 452/506 IPC read with Sections 34/201 IPC as also Section 25 of the Arms Act, 1959, was allowed and the present petitioner was ordered to be summoned as an additional accused for commission of offences under Sections 302/307 IPC read with Section 34 IPC for murder of Satish and assault on Puneet.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record including the impugned order passed by learned Sessions Judge, Gurgaon.

(3.) Briefly stated, as per case of the prosecution, accused Durgesh accompanied by his wife Bharti and her brother Anoop -present petitioner had trespassed into the house of Satish (since deceased) in order to commit murder of Satish and his son Puneet. Firearm was used. Injuries were caused to Satish, his son-Puneet and his wife Smt. Shakuntla (mother of Puneet and wife of deceased -Satish). There are also allegations that weapon of offence used in the crime was later on destroyed. After completion of investigation, report under Section 173 Cr.P.C. was filed against co-accused, Durgesh only whereas, petitioner-accused Anoop was placed in column no.2. Charge was framed against accused -Durgesh for commission of offences punishable under Sections 302/307/323 IPC read with Section 34 IPC as well as Sections 506 and 201 IPC. Two witnesses, namely, Puneet Yadav and Smt. Shakuntla -both injured, were examined thereafter, an application under Section 319 Cr.P.C. was moved on behalf of the prosecution for impleadment of present petitioner which was allowed by learned trial court vide impugned order and petitioner was summoned to face trial alongwith the accused already facing trial for commission of offences under Section 302/307 IPC read with Section 34 IPC.