BALDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Through the instant revision petition, challenge has been laid to the order dated 03.07.2015, passed by the trial Court dismissing the application of the petitioner under Section 319 Cr.P.C., for summoning of respondents No. 2 and 3, namely; Pala Ram and Aad Ram, as additional accused.

(2.) In nutshell, around 9.30 p.m. on 14.07.2014, co-accused Om Parkash and respondents No. 2 and 3, have caused injuries to Immi Chand, uncle of the petitioner-complainant, on account of hurling abuses by him to them and their families after consuming some intoxicant substance. As a result thereof, Immi Chand, succumbed to his injuries at the spot. During investigation, respondent No. 3-Aad Ram was found innocent by the Investigating Officer, whereas respondent No. 2-Pala Ram was got discharged by the Investigating Officer by giving statement before the Judicial Magistrate Ist Class, Abohar on 14.08.2014, being innocent. After completion of investigation and necessary formalities, final report under Section 173(2) Cr.P.C. was filed against co-accused-Om Parkash only for offence under Section 302 IPC.

(3.) Since, the case was triable by the Court of Sessions, therefore, after committal of the case by the Judicial Magistrate Ist Class, Fazilka, the learned Additional Sessions Judge, Fazilka, charge-sheeted Om Parkash, under Section 302 IPC. Complainant-petitioner-Baldev Singh, appearing as PW-2 during trial, testified about the complicity of respondents No. 2 and 3, namely; Pala Ram and Aad Ram, who, as discussed above, were found innocent during investigation by the police. Consequently, the prosecution, through learned APP, moved an application under Section 319 Cr.P.C. for summoning respondents No. 2 and 3 as additional accused, which was dismissed vide impugned order dated 03.07.2015.