SANJAY GOYAL Vs. STATE OF HYAENA AND ANOTHER

JUDGEMENT

(1.) This is a petition under section 482 Cr.P.C. for setting aside order dated 04.02.2013 (Annexure P-8) passed by the trial Court whereby application under Section 311 Cr.P.C. filed by respondent was allowed in FIR No. 621 dated 06.09.2007 Police Station City Hisar under section 306 and 120-B IPC.

(2.) To briefly describe the prosecution story, Narendra Kumar deceased was married to Shikha on 01.03.2006 and couple had child from the wedlock. On 06.09.2007, the deceased left the house at about 7 O' Clock to pick his wife. Later on Anil Kumar, the other son of the complainant received a phone call from Prithvi Raj co-accused that Narendra Kumar deceased was unwell and was at the house of Sanjay Goyal petitioner the son of Prithvi Raj aforesaid and told them to reach immediately. The complainant, who is father of the deceased again enquired from Prithvi Raj coaccused and they were told that the deceased was admitted in Apollo Hospital, Hisar. The petitioner told that deceased has consumed a sulfas tablet and died later on. It was stated that Narendera Kumar was quite upset as he has been receiving phone calls from Dimple wife of the petitioner. On completion of investigation, charge-sheet under section 173 Cr.P.C was presented before the Area Magistrate against three accused including the petitioner. During investigation of the case call details were also collected and attached with the challan.

(3.) It is stated by learned counsel for the complainantrespondent that only one witness has been examined so far after framing of the charges and even complainant has not been examined. An application under section 311 Cr.P.C. was filed by the complainant to summon and examine the following witnesses:-