NARESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revison petition against the order dated 19.07.2014 summoning the petitioner as additional accused to face trial in exercise of powers under Section 193 Cr.P.C.

(2.) BRIEF facts, relevant for the adjudication of the present petition are that on the complaint made by Kaptan Singh, FIR No.177 dated 22.5.2012, was registered under Sections 148, 149, 323, 324, 307 and 302 IPC read with Section 25 of the Arms Act, at Police Station, Hodal. .

(3.) AS per the allegations in the said FIR pursuant to an incident of assault on Akash nephew of the complainant by Rahul, son of Vikram, the complainant had gone to the house of Vikram to lodge a protest which was not relished by Vikram and he had threatened to teach a lesson to the complainant for making a complaint. While the complainant along with his son Bhisham, nephew Prince and Dheeraj was present in his house at about 6:30 PM, accused persons namely Parhlad, Naresh petitioner, Surender, Hemraj and Rahul armed with weapons came there and started abusing him. Three young boys Sunil, Rohtash and Sikander also followed them on a motorcycle. Surender fired a shot from country made pistol with an intention to kill Bhisham which hit him on the forehead. Hemraj fired at Prince. Naresh fired aiming the complainant. Other accused persons also fired at the complainant party besides giving them injuries with other weapons. Certain boys about 4 -5 in number, pelted stones and bricks on them. On hearing the sound of fires, Yogesh and Umesh came on the spot and Sunil, Rohtash and Sikander escaped on their motorcycle brandishng and firing from their respective country made pistols. When Yogesh and Umesh were taking the complainant, his son Bhisham, Dheeraj and Prince to Palwal Hospital, Bhisham son of the complainant succumbed to his injuries. He was declared brought dead by the doctors of civil hospital. Thereafter, remaining injured were admitted in Om Sperio Hospital, Palwal.