DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have assailed the order dated 07.12.2016 passed by the Additional Sessions Judge, Karnal whereby the application under Sec. 319 Cr.P.C was allowed and the petitioners were ordered to be summoned as additional accused to face trial for the commission of offences under Sections 306/34 IPC.

(2.) FIR No. 680 dated 16.09.2015 was registered under Sections 306, 148, 149 Penal Code in Police Station Sadar, Karnal on the allegations that on 13.09.2015 at about 9:30 PM, Jasmer son of Data Ram, Deepak, Rajesh, Mukesh Kumar and Rajiv gave beating to Ram Karan younger brother of the complainant on the pretext of panchayat election in the village. At that time, Ramesh and brother of the complainant namely Ram Kumar pacified them. After about half an hour, the accused came duly armed with lathi, danda and axe to the house of the complainant and exhorted that Ram Karan be taken out and he will be done to death because of his non-cooperation in the panchayat election. It was also exhorted that if Ram Karan is having any remorse, then he should die by hanging himself or by consuming some poison. Complainant, wife of Ram Karan namely Babita and Rohtash were present at that time. The accused party was pacified by the complainant and others and was sent back. Despite that the accused kept on roaming around the house of the complainant due to which Ram Karan consumed some poisonous substance on 14.09.2015 at about 4 AM. The said fact was disclosed to the family by the wife of Ram Karan namely Babita. Ram Karan was admitted in the hospital, but during treatment, he died. It was alleged that Ram Karan has committed suicide being fed up from Jasmer, Deepak, Rajesh, Mukesh Kumar and Rajiv from their taunting. Complainant Baljit Singh lodged the aforesaid FIR on 16.09.2015 with these allegations.

(3.) Statements of Ram Kumar, Babita wife of Ram Karan (deceased), Baby wife of Ram Kumar, Rohtash, Ramesh, Jai Singh and Angrez Singh under Sec. 161 Cr.P.C were recorded on 16.09.2015 itself. During course of investigation, petitioners were found innocent and challan was submitted against Jasmer, Mukesh and Rajiv.