TRILOK AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this revision petition is the order dated 13.8.2013 passed by Sh. Vijay Singh, Additional Sessions Judge, Rewari, vide which the present petitioners have been summoned as additional accused under Section 319 Cr.P.C.

(2.) Briefly stated, FIR No. 172 dated 31.5.2012, was registered under Sections 148, 149, 323, 324, 452, 506, 307 IPC, at Police Station City Rewari, at the instance of Parveen s/o Shiv Rattan , who has stated that he is running a scrap shop at Bawal Road. On 31.5.2012 at about 8-8.30 A.M., the complainant, his father, his brother Anil and his mother were present in the house. His mother was drying clothes at the roof. There was a dispute of land. On that date Lakhan s/o Durga, Tilak, Harbans, Manoj, Sunny s/o Shanker, Atul r/o Balluwara, Dharmu @ Dharampal r/o Banjarwara, Deepu, Sunny @ Satish, Anil son of Khem Chand r/o Azad Nagar, Rewari and 2-3 other un-known young boys, in connivance with each other came inside the house of the complainant and they were having lathis and knives in their hands. Immediately after coming, they started abusing, scuffling and beating the complainant, his father and his brother. Lakhan and Dharampal started beating his father. Sunny @ Satish, Harbans, Atul and his brother whose name was not known to him, Manoj and Shanker scuffled with the complainant and gave beatings. In the meantime, Atul and Sunny caught hold of the complainant and Sunny @ Satish and Harbans took out knife from their pockets and Sunny @ Satish gave one blow of knife in the stomach of the complainant and second blow on his chest and Harbans gave one knife blow on his right hand arm and while giving beatings, they came out of his house and forcibly brought the complainant and his brother outside the house. On hearing the noise of quarrel, persons from neighbourhood gathered there. The complainant party also gave slaps to Satish and Harbans etc. in their self defence. On seeing the crowd, they started running from the Mohalla and while going away they said that today they were sparing him, in future they would kill him. During this quarrel, his father and brother received less injuries. Thereafter his father and his brother after arranging the private vehicle, took the complainant to Trauma Centre, Rewari for treatment. Thereafter due to big injury in the stomach, his family members took the complainant to Deepak Hosptial, Bawal Road, Rewari.

(3.) During investigation, the present petitioners were declared innocent and after examination of Parveen, the prosecution moved an application for summoning them as additional accused. Learned trial Court after hearing both the sides accepted the application and summoned the present petitioners as additional accused vide impugned order dated 13.8.2013 passed by Sh. Vijay Singh, Additional Sessions Judge, Rewari. The said order has been challenged in the present revision petition.