RAHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has been arraigned as additional accused in terms of Section 319 Cr.P.C. in FIR No. 327 dated 08.11.2014 for offences under Sections 307 and 34 of Indian Penal Code (IPC) and Section 25 of the Arms Act, Police Station Sadar, Ballabgarh, to face trial alongwith Arun Partap accused already facing trial, vide impugned order dated 12.05.2015 passed by the trial Court. The petitioner seeks to challenge the order of summoning him as additional accused.

(2.) The facts of the case, briefly stated, are that on 07.11.2014 at about 11.20 p.m., the petitioner exhorted his coaccused Arun Partap, his real brother who fired gunshot hitting Akshay Kumar-injured. FIR was lodged on the statement of Sat Parkash, who heard the noise of the gunshot and immediately reached the roof of chaupal where he saw both Arun Partap and the petitioner coming downstairs from the chaupal. The police found petitioner innocent and kept him in column no. 2 of the challan. After examining Akshay Kumar-injured as PW-2, application to summon the petitioner has been allowed by the trial Court vide impugned order.

(3.) I have heard learned counsel for the petitioner at considerable length and carefully perused the impugned order and the paper-book.