LAWS(P&H)-2023-1-161

HARBANS KAUR Vs. STATE OF PUNJAB

Decided On January 16, 2023
HARBANS KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By way of present petition, challenge has been made to an order dtd. 16/3/2022 passed by the Court of learned Additional Sessions Judge, Ludhiana, whereby, an application moved at the instance of prosecution, invoking Sec. 319 Cr.P.C., for the purpose of summoning of the petitioners has been allowed.

(2.) Facts leading to the present case are that an FIR No.61 dtd. 30/4/2017 was registered under Ss. 302/34 IPC and under Sec. 25 and 27 of the Arms Act, at Police Station Sadar Raikot, Ludhiana, at the instance of Gurmeet Kaur i.e. respondent No.2 herein thereby implicating the petitioners besides one Hardeep Singh for alleged murder of her father namely Shingara Singh. During investigation, based on an inquiry report dtd. 28/7/2017, the petitioners were placed in Column No.2, whereas, challan was presented only against Hardeep Singh. During trial, the complainant/respondent No.2 Gurmeet Kaur appeared as PW-1 being the eyewitness and in her deposition attributed specific role to the petitioners.

(3.) Relying thereupon, the prosecution moved an application invoking Sec. 319 Cr.P.C., for the purpose of summoning of the petitioners to face trial in the aforementioned FIR. The Additional Sessions Judge, Ludhiana, vide order dtd. 16/3/2022, allowed the prayer made under Sec. 319 Cr.P.C. thereby summoning the petitioners to face trial under Ss. 302/341 IPC along with Ss. 25 and 27 of Arms Act. It is the aforesaid order which has been impugned by way of present revision petition.