DILBAG SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This revision is directed against the order dated 17.12.2013, passed by the Additional Sessions Judge, Rohtak who dismissed the application filed under Section 319 Cr.P.C.

(2.) The facts are necessary. Dilbag Singh complainant is the Lambardar of the village. He has two sons Sunil and Sushil. Dilbag and his son Sunil were going on a motorcycle. Both of them stopped for work near Jangra Furniture House on Delhi Rohtak Road. Sunil was standing near the motorcycle while Dilbag went towards shop. In the meantime, a red colour car bearing registration no. HR-15-A-5876 came and stopped near the motorcycle and Sumit and Akshay, sons of Rajender and Ajay son of Devender, resident of village Bohar and one other boy whose name the complainant did not know, came out of the car and started beating Sunil. The complainant moved forward then Sumit son of Rajender fired a shot which hit Sunil's chest. Some more shots were fired. On seeing the firing, the complainant retraced his steps and entered the shop. The remaining persons inflicted injuries with brick and stones. They also entered the shop to kill the complainant but several persons by then had collected and all the four fled in the car. They also threatened the complainant while leaving. The complainant fell unconscious. On regaining consciousness, the matter was reported to the police. Complainant had also mentioned that about 8 10 days ago, Sunil had a quarrel with Akshay son of Rajender and that was the reason for the attack. He had also mentioned that some passerby had taken his son to the hospital and he reached the hospital soon thereafter.

(3.) The police challaned four persons, leaving out Akshay and Ajay.