SANDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) DELAY condoned.

(2.) THE instant revision has been preferred by the petitioner complainant, Sandeep Kumar, feeling dis -satisfied against order dated November 1, 2014 passed by the Additional Sessions Judge cumJudge, Special Court for Heinous Crime against Women, Hisar, whereby an application moved under Section 319 Cr.P.C. seeking summoning of Shri Pal, Sajjan, Sudesh wife of Shri Pal and Anjali wife of Sajjan as additional accused to stand trial with accused Suresh Kumar in case FIR No.247 dated April 22, 2014 under Sections 304 -B, 34 IPC, Police Station, Civil Lines, Hisar, was dismissed.

(3.) WHILE assailing the impugned order, learned counsel for the petitioner has contended that after examination of complainant Sandeep Kumar as PW -1 and his father Ram Pal as PW -2, an application under Section 319 Cr.P.C. was moved which has been dismissed by ignoring their sworn statements. While appearing in the witness box, they have categorically deposed on oath that they actively connived with the main accused and being conspirators in the commission of murder of Pinki by her husband, Suresh, they are equally liable. Their statements have been ignored and disbelieved only on the ground that there is no evidence that private respondents were joint in mess and residence with accused Suresh. Since the private respondents have taken active part and conspired with Suresh to eliminate Pinki, the statements of Sandeep Kumar PW -1 and Ram Pal PW -2 were sufficient to summon them to stand trial.