DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant criminal revision petition is directed against the order dtd. 1/10/2019 passed by learnded Sessions Judge, Rohtak, , whereby the application filed by the petitioner under Sec. 319 of Cr.P.C. for summoning private respondents, Kapil, Bhawan and Nanha, as additional accused in case FIR No. 431, dtd. 8/8/2017 , under Ss. 148, 149, 302, 324 IPC, registered at Police Station Sampla, District Rohtak, was dismissed.

(2.) It is the case of the petitioner, who is both the complainant and an injured eyewitness, that the incident in question occurred in the intervening night of 07/8/8/2017, and that the FIR was lodged without delay at 03:15 AM. In the FIR, the petitioner specifically named the private respondents, Kapil, Bhawan and Nanha along with the already chargesheeted co-accused, Satpal and Surinder, alleging that while Satpal inflicted multiple blows upon the deceased Manjeet, the private respondents actively restrained the deceased to facilitate the assault. The petitioner was himself injured in the same incident and later appeared as PW10 before the Trial Court, where he reaffirmed the same allegations on oath.

(3.) Learned counsel for the petitioner has submitted that the nature of injuries recorded in the post-mortem report - 15 incised wounds involving vital organs, such as chest, heart, spleen, and lungs - ruled out any possibility of a spontaneous or isolated attack. Learned counsel has emphasized that the role attributed to the private respondents of restraining the deceased was instrumental in the fatal outcome.