KAMALJIT KAUR ALIAS BABY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AGGRIEVED of the order dated 12.10.2012 passed by the Additional Sessions Judge, Hoshiarpur whereby the application filed by the prosecution under Section 319 Cr.P.C for summoning her as additional accused was allowed, the petitioner has filed the present revision.

(2.) THE petitioner, alongwith her brother Lakhbir Singh and nephew Gurcharanjit Singh, was named as accused in FIR No. 197 dated 3.10.2009 under Sections 302/34 IPC registered at Police Station, Tanda, in relation to the murder of Krishan Gopal @ Kitty. During the investigation of the case, the petitioner was found innocent and her name shown in column No.2 of the report under Section 173 Cr.P.C which was presented against her two co -accused who were, thereafter, charged for committing offences punishable under Sections 302/34 IPC.

(3.) IN support of its case, the prosecution examined PW1 Naresh Chander and PW2 Sushil Kumar, father and cousin, respectively of deceased Krishan Gopal, who testified that the petitioner and her co -accused had given beatings to Krishan Gopal. Further, Lakhbir Singh opened the mouth of Krishan Gopal while Gurcharanjit Singh administered him some poisonous substance. In view of specific allegation against the petitioner of having participated in the commission of crime, an application under Section 319 Cr.P.C was filed by the prosecution for summoning the petitioner as additional accused. Vide impugned order, the trial Court accepted the said application and summoned the petitioner as additional accused.