CHANDER AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 13.11.2014 passed by the learned Additional Sessions Judge, Hissar vide which on the basis of an application moved by the prosecution under Section 319 Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C). Petitioners Chander and Suman have been summoned to face the trial for the offences punishable under Sections 302, 323, 452, 506 read with section 34 of Indian Penal Code, 1860 (hereinafter called IPC) as additional accused.

(2.) As per prosecution version, on 25.10.2011 at about 7.00 p.m accused Ved, Krishan, Rohtash, Kuldeep, Dharambir, Balwan (non-petitioners) the present petitioner and one Savitri criminally tress passed in the house of the complainant Ram Niwas and caused injuries to complainant Ram Niwas, his uncle Dilbag and Raj Kumar. Raj Kumar succumbed to the injuries. The case was registered on the statement of complainant Ram Niwas. On completion of the investigation, the report under Section 173 Cr.P.C was filed only against the non-petitioners. The present petitioners along with Savitri were found innocent.

(3.) During the course of trial an application under Section 319 Cr.P.C was moved by the prosecution for summoning the petitioners Chander and Suman and one Savitri wife of Dharambir as additional accused. The said application was contested by the non-petitioners.