JASWINDER SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant revision petition is directed against the order dated 3.3.2015 in the light of which an application moved by the Prosecution under Section 319 of the Code of Criminal Procedure has been accepted and the petitioners herein have been summoned to face trial as additional accused under Sections 148, 149, 323, 307, 302, 506 of the Indian Penal Code in FIR No.169 dated 3.9.2014, registered at Police Station Sadar Ambala.

(2.) Brief facts as emanating from the pleadings are that FIR in question was registered on the complaint of Shyam Lal. Complainant had stated that on 2.9.2014 his nephew Govind had gone to an alcohol vend situated on the main road and where Jaspal son of Bachan Singh and Vicky son of Balbir Singh were already sitting and consuming alcohol and were fighting amongst themselves. Nephew of the complainant is stated to have intervened and stopped them from fighting and thereafter returned home. Subsequently, during the late evening hours, i.e. at 8.30 p.m. on 2.9.2014, Jaspal Singh son of Bachan Singh, Jagmohan Singh son of Balwant Singh, both armed with knives and Jaswinder Singh son of Bachan Singh, present petitioner No.1, holding a stick in his hand are stated to have come present in front of the house of the complainant and were shouting and hurling abuses. Upon this, the complainant as also his nephew Govind came out in the street and at that point of time, Sukhwinder Singh, Gurmel, Vicky, Bachan (present petitioner No.2) holding sticks in their hands also reached at the spot. At such point of time, even brother of the complainant, namely, Ram Chander and Sant Kumar son of Ram Chander came on the spot. Complainant alleged that Jaspal Singh attacked his brother Ram Chander by giving knife blows in the stomach and thereafter both, Jaspal Singh and Jagmohan, armed with knives attacked Sant Kumar. Sukhwinder Singh is stated to have given a stick blow on the head of Ram Chander as also Sant Kumar. Jaswinder Singh, petitioner No.1, Gurmel and Vicky were attributed fist blows upon the complainant himself as also his son Pankaj and leg blows upon the person of Sant Kumar. In such assault, Ram Chander is stated to have succumbed to his injuries and Sant Kumar having suffered injuries opined to be dangerous to life.

(3.) Even though the complainant had levelled allegations against seven persons including the present petitioners, but during the course of investigation five persons were nominated as accused i.e. Jaspal Singh, Sukhwinder Singh, Jagmohan, Gurmel and Vicky. The present petitioners were found innocent and their names were kept in column No.2 of the final challan document presented under Section 173 of the Code of Criminal Procedure.