DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present revision petition is for setting aside the order dtd. 13/11/2019 passed by the Additional Sessions Judge, Bathinda, for summoning the petitioner to face Trial as an additional accused under Sec. 319 Cr.P.C.

(2.) The brief facts of the case are that an FIR No.53 dtd. 28/4/2017 under Ss. 308/34 IPC, Police Station Phul, District Bathinda, came to be registered at the instance of Sohan Singh who stated that on 26/4/2017, Ravinder Singh @ Gogi armed with kasoli, Davinder Singh @ Kala (petitioner) and Bhagwan Singh came to the spot. Ravinder Singh @ Gogi gave a kasoli blow on the head of his (complainant's) son/Bahadar Singh who fell down. While lying on the ground, Davinder Singh @ Kala and Bhagwan Singh inflicted injuries upon Bahadar Singh. On raising a raula, the accused had fled away from the spot. A copy of the FIR No.53 dtd. 28/4/2017 is attached as Annexure P-1 to the present petition.

(3.) During the course of investigation, the statement under Sec. 161 Cr.P.C. of Bahadar Singh, the injured was recorded wherein he reiterated the version of the FIR, as per which, Ravinder Singh @ Gogi had given him a kasoli blow on his head whereas Davinder Singh @ Kala and Bhagwan Singh had inflicted injuries while he had been lying on the ground.