SATISH Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) Through this revision petition, the complainant has assailed order dated 07.06.2018 of learned Sessions Judge, Rohtak, whereby his application under Section 319 Cr.P.C for summoning respondent No.2- Sunil as additional accused was dismissed.

(2.) Briefly, in the morning of 009.2017, two persons namely Dharambir, son of Mukhtiar Singh and Sunil, son of Jai Singh were found dead in Village Bahujamalpur. Consequently, the petitioner, being real brother of Dharambir deceased, lodged FIR No.0408, dated 009.2017, under Sections 302/201/202/34 IPC, raising suspicion over Naseeb and his mausi's son Navin ( already facing trail) for their murder, alleging that his deceased brother Dharambir had left the house on the previous evening on the motor cycle of Sunil deceased. When his brother did not return home late night, he contacted him on his mobile and asked him to come back home. However, his deceased brother told him to come after 20 minutes disclosing that he was with deceased Sunil, Naseeb son of Raj Singh and his Mausi's son (later on found as accused Navin). After waiting for some time, when Dharambir did not return, complainant Satish went to slip. In the next morning he found two dead bodies lying in a pool of blood in front of his house, out of which, one was of his brother Dharambir and another was of Sunil son of Jai Singh. There were several injuries on both the dead bodies.

(3.) During investigation, one Raj Singh, son of Chander Singh made statement under Section 175 Cr.P.C before the Investigating Officer showing the complicity of Naseeb and Navin and their friends in the murder of Dharambir and Sunil.