JARNAIL SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the impugned order dated 15.09.2017 passed by the Additional Sessions Judge, Ferozepur vide which the application filed by the prosecution under Section 319 Cr.P.C. for summoning respondents No.2 to 4 namely Sukhwinder Kaur, Mohan Singh and Gagandeep Kaur has been dismissed.

(2.) Brief facts of the case are that the petitioner got the FIR registered against accused persons with the allegation that on 11.10.2015 at about 10:30 am, the complainant was present in his house and accused Jarnail Singh came to his house at about 11:00 am on his motorcycle and told the complainant to hand-over the car and further told that he will hand-over the money at his residence. The complainant, on his Innova car, carrying .32 bore pistol accompanied the accused Jarnail Singh to his house where co-accused i.e. respondents No.2 to 4 were also present. The complainant was sitting in a room and accused Jarnail Singh demanded the registration certificate of the car on which the complainant asked to first hand-over the amount for purchasing the car and then he will hand-over the car. In this manner, the complainant and accused Jarnail Singh @ Jolly entered into an altercation and in the meanwhile, respondents No.2 to 4 who are the mother, father and wife of the accused came there and Sukhwinder Kaur raised lalkara to teach a lesson and accused Jarnail Singh picked up the licensed revolver of the complainant and on instigation of Gagandeep Kaur, he fired a shot which hit on the right side of the neck and left shoulder. The other accused also abused him and instigated accused Jarnail Singh to kill him. Thereafter, the complainant picked up his revolver and called his friend who took him to civil hospital.

(3.) The police after investigation found accused Nos.2 to 4 innocent and submitted the challan against accused Jarnail Singh @ Jolly. Thereafter, the trial Court framed the charge against the accused Jarnail Singh under Section 307 IPC read with Section 27 of the Arms Act.