KALU AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this revision petition is to the order dated 10.01.2013 passed by learned Additional Sessions Judge, Faridabad, vide which application of the prosecution under Section 319 Cr.P.C for summoning the present petitioners as additional accused, was accepted.

(2.) Briefly stated, complainant Satbir has alleged that on 08.03.2012 at about 5:00 a.m, after jogging when he came out from the Boys Senior Secondary School, then he saw that Kalu son of Harshi, Lalit son of Kalu, Yashpal son of Harshi, Sanjeev @ Kalwa son of Bali Ram, Ajay @ Banshi son of Satbir, Kapil son of Yashpal, Amit son of Yashpal, Vijayvir son of Bhupan had surrounded the son of his uncle named Bijender Singh. All of them were having iron rods, ballam, saria and lathies. They were mercilessly giving blows of their weapons on Bijender Singh's head, waist, chest, hand and feet. The different organs of Bijender Singh were soaked in blood. When the complainant raised an alarm, 2/3 assailants ran towards him to kill him. He fled away from the spot to the house of son of his uncle named Rajender Singh. He narrated the entire incident to Rajinder Singh. Thereafter he along with Rajender Singh reached the spot where they saw that Bijender Singh was lying in a pool of blood and was unconscious. They tried to bring Bijender Singh to hospital but all the accused surrounded them and did not allow them to go from that place. They threatened that they would not allow anybody to carry Bijender Singh from the spot until or unless he breathe his last. Then Rajender Singh dialed number 100 and called the police, who brought the injured to Metro Hospital, Faridabad.

(3.) Challan against Yashpal, Sanjiv @ Kalwa, Kapil and Lalit was presented under Sections 148/ 149/ 341/ 323/ 324/325/307 and 506 IPC. However, the present petitioners were kept in column no.2.