KHACHERA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) By this order, I shall dispose of two criminal revisions i.e. CRR-1318 of 2017 petitioner Khachera and CRR-2299 of 2017 filed by petitioner Ranjeet, both of them being aggrieved with order dated 18.2.2017 passed by learned Additional Sessions Judge, Faridabad vide which both the petitioners have been summoned as additional accused while allowing application under Section 319 Cr.P.C., 1973

(2.) Briefly stated, facts of the case are that FIR No. 337 dated 14.5.2016 for the offences under Sections 148, 149, 450 and 307 IPC, subsequently Section 302 IPC also added, besides section 25 of the Arms Act was recorded on the basis of written complaint submitted by complainant Kuldeep son of Yograj of Gujjar community, resident of House No. 161, Gujjar Chowk, Garg Colony II Ballabgarh submitted to In-charge, Police Post, Adarsh Nagar, Ballabgarh on 13.5.2016, wherein he submitted that on the said date at about 10:30 night his father Yograj was at home sitting on the roof; at that time Sandeep Kumar of Gujjar Community, resident of Nimka armed with a revolver hurling abuses came at the door of the house asking his father to come down stating that he would teach him a lesson; that said Sandeep Kumar was being accompanied by his friends, namely Bhura, Sanjay, Sunil, Babli, Kalli and 3-4 other persons holding lathies, dandas and handle of tap in their hands; that when Yograj started coming down from the stairs, Sandeep fired at him from front and thereafter the complainant controlled his father and Sandeep along with his accomplice ran away. According to the complainant, he made his father sit on the motorcycle and took him to Government Hospital from where he was referred to hospital at Delhi. According to complainant, the incident was witnessed by him, his maternal aunt and younger brother.

(3.) Initially, FIR was registered for the offences under Sections 148, 149, 450 and 307 IPC and 25 of Arms Act but when Yograj succumbed to the injuries suffered by him offence under Section 302 IPC was added. Accused Sandeep and Amit @ Babli were arrested in this case and were sent up to face trial. During the course of trial, statement of complainant Kuldeep was recorded as PW1. The relevant part of his statement is reproduced as under for easy reference: