CHHOTU @ ROHIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dtd. 4/2/2013 vide which the trial Court allowed the application filed by the prosecution under Sec. 319 of the Code of Criminal Procedure (in short 'Cr.P.C.') and directed the petitioners to face trial as additional accused.

(2.) Notice of motion was issued in this case, however, there is no stay of proceedings. The matter is pending since 2013 and as per the version of the petitioners, they are facing trial.

(3.) Brief facts of the case are that FIR No.40 dtd. 12/11/2010 under Ss. 326, 324, 323, 506 of the Indian Penal Code (in short 'IPC') was registered at Police Station Garhdiwal, District Hoshiarpur at the instance of injured - Vikas Dadwal with the allegations that on 5/11/2010 at about 08:30 AM he was present in his house when accused Baljit Kumar armed with kirpan and other co-accused namely Manjit Kumar armed with datar, Palli armed with Kirpan, Mahinder Singh armed with danda entered his house and caused multiple injuries as explained in the FIR. The injured was saved by his father and uncle and was taken to Civil Hospital, Gardhiwal from where he was referred to Civil Hospital, Bhunga, District Hoshiarpur for further treatment. On the basis of the ocular and medical evidence i.e. MLR of injured - Vikas Dadwal, the aforesaid FIR was registered. During investigation on 17/11/2010, statement of accused - Baljit Kumar was recorded and a cross-version was also registered under Ss. 326, 324, 323, 506 IPC in which the allegations of causing injuries by the complainant party in the present FIR was levelled.