ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of present revision filed under Section 401 of the Code of Criminal Procedure, the petitioner has challenged the order dated 26.5.2014 passed by Additional Sessions Judge, Rewari whereby application filed by the prosecution under Section 319 Cr.P.C. was allowed and the petitioner alongwith five others, namely, Satbir, Jai Bhagwan, Jai Parkash, Pardeep and Inder, was summoned as additional accused.

(2.) AFTER completion of the investigation, the police had presented the challan against the four accused persons, namely, Ajit Singh, Ram Mehar, Tinku and Babu Lal. Subsequent to the framing of charges, Krishan Kumar stepped into the witness box as PW1 and deposed about the prosecution case. Apart from stating other facts, he mentioned that the petitioner alongwith his co -accused had encircled Laxmi Narain at the time of the incident whereafter Jai Parkash caught hold of Laxmi Narain and Ajit Singh gave an iron pipe blow on the left ear of Laxmi Narain. Babu Lal gave a fist blow on the nose after which Laxmi Narain fell on the ground. The remaining accused gave kick and fist blows to Laxmi Narain. When he, i.e. PW1 Krishan Kumar tried to save Laxmi Narain from the clutches of the accused, Jai Bhagwan caught hold of him. When Shri Bhagwan tried to rescue Laxmi Narain, Ram Mehar caught hold of Shri Bhagwan. Thereafter, the accused ran away from the spot.

(3.) HAVING heard learned counsel for the petitioner, this Court is of the considered view that no relief can be granted to the petitioner. It may be that when Krishan Kumar had appeared before the police and his statement was recorded under Section 161 Cr.P.C. he did not mention about the participation of the petitioner yet the fact remains that when said Krishan Kumar deposed before the trial Court as PW1, he specifically narrated about the participation of the petitioner in the commission of crime. The effect of the improvement, said to have been made by PW1 Krishan Kumar cannot be seen at this stage. Only after the prosecution leads its entire evidence that the trial Court would be called upon to appreciate the same and give a final verdict. Moreover, it has been held by the Hon'ble Supreme Court in Hardeep Singh Vs. State of Punjab, : 2014(1) Law Herald 225 that once material appears which prima facie shows the involvement of some person as an accused, even if not challaned, he can be summoned under Section 319 Cr.P.C. as an additional accused.