PARAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant revision petition is directed against the order dated 24.8.2013 in the light of which an application forwarded by the Public Prosecutor under Section 319 of the Code of Criminal Procedure has been accepted and the petitioner, along with another, has been summoned to face trial as additional accused under Sections 307/34 of the Indian Penal Code and 25 of the Arms Act in FIR No.259 dated 25.5.2012 registered at Police Station Sadar Bhiwani.

(2.) BRIEF facts as emanating from the pleadings are that FIR No.259 dated 25.5.2012, under Sections 147, 148, 307, 120 -B and 34 of the Indian Penal Code and 25/54/59 of the Arms Act and 61 of the Excise Act was registered at Police Station Sadar Bhiwani against Jitender and others. Petitioner was neither named in the FIR nor was any role attributed to him. Case of the prosecution was that when the police party was patrolling at bus stand Taalu, a secret informer passed information that in village Dhanana near Desi Liquor Vend, incident of firing had taken place in which one person had been injured and one boy had been caught by the public. Thereupon, SI Japan Singh along with Constable Surender Kumar reached the spot and in the meantime HC Naveen Kumar and EHC Subhash Chander had also reached there. A boy who disclosed his name as Jitender son of Krishan had been caught by the public. On questioning aforementioned Jitender, it was revealed that he and Rahul son of Rajbir had come to village Dhanana on the asking of Sandeep son of Rishipal and Sandeep had asked Jitender and Rahul to sit in the vehicle to go to the Liquor Vend. Jitender further disclosed that there were two other boys along with Sandeep whose names and addresses were not known to them. At the Desi Liquor Vend, an altercation had taken place and one fire shot had hit Rahul and Jitender himself had also received injuries. At that point of time, information was received on telephone that the person who had received bullet injury in village Dhanana and whose name was Rahul had died due to bullet injury. On such basis, the FIR in question had been registered.

(3.) IT so transpires that during the stage of trial, the prosecution examined Manjit son of Raghbir Singh as PW1 on 2.4.2013. Solely on the basis of statement made by PW1, an application was forwarded by the prosecution under Section 319 of the Code Criminal Procedure for summoning the present petitioner along with another as an additional accused and the Additional Sessions Judge, Bhiwani, vide impugned order dated 24.8.2013 has allowed the application and summoned the present petitioner along with another as an additional accused.