DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision has been filed by complainantDharambir for challenging the order dated 18.4.2013 passed by the Additional Sessions Judge, Faridabad whereby application moved by the prosecution under Section 319 Cr.P.C. for summoning respondent -Satbir as additional accused was dismissed.

(2.) AS per the prosecution, the petitioner's son Rajesh was given beatings by respondent -Satbir and his co -accused Hoshiyar Singh. FIR was registered on the basis of statement made by the petitioner at Police Station Sadar, Ballabgarh for the offences under Sections 323, 307, 34 IPC. Later on, Rajesh died and, accordingly, the offence under Section 302 IPC was added to the FIR. In the investigation, which followed, respondent -Satbir was found innocent and, accordingly, his name was put in column No. 2 of the challan which was presented against Hoshiyar Singh. Said Hoshiyar Singh was charged and tried. In support of its case, the prosecution examined a number of witnesses including PW1 Gulab Singh, PW5 Parkash, PW7 Shakeel, PW8 complainant -Dharambir and PW10 Kunwar Pal. This was followed by the Public Prosecutor moving an application under Section 319 Cr.P.C. for summoning respondent -Satbir as additional accused. After going through the material brought on record and the evidence available, the Additional Sessions Judge concluded that there were no chances of the trial ending in the conviction of respondent -Satbir as PW1 Gulab Singh, PW5 Parkash and PW7 Shakeel had categorically deposed that respondent -Satbir was not present at the time of the occurrence. Accordingly, the application under Section 319 Cr.P.C. was dismissed.

(3.) THE revision came up for preliminary hearing before this Court on 17.9.2013 when learned counsel for the petitioner while referring to the statements of PW8 Dharambir and PW10 Kunwar Pal which he had brought on record by filing CRM 37152 of 2013, submitted that both the said witnesses had deposed before the trial Court about the beatings having been given by respondent -Satbir to Rajesh. Accordingly, while issuing notice, the Court stayed passing of final order by the trial Court.