GURMAIL SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this revision petition is for setting aside the order dtd. 23/7/2015 passed by the Additional Sessions Judge, Fatehgarh Sahib, vide which the petitioners have been summoned as additional accused, while allowing an application filed by the prosecution under Sec. 319 Cr.P.C. in FIR No.68 dtd. 25/8/2013 under Ss. 307, 148, 149 IPC and Ss. 25/27/54/59 of Arms Act, registered at Police Station Mulepur, District Fatehgarh Sahib.

(2.) Brief facts of the case, as per allegations in the FIR, are as under: - "Statement of Gurpreet Singh, Caste Jatt resident of Ucha Reona, PS Mullepur, aged 32. It is stated that I am resident of the above mentioned address and am a farmer. Today me and my brother Ishwar Singh, on our swift car went to Ucha Reona to our farm for work. I was driving and parked the car on the side and went in the fields to work. Time was around 1.30 pm when a Figo Car came to our field and from there Harnail Singh r/o Ram Gargh Thana Amloh was having a rifle along with Gurmail Singh s/o Arjan Singh, who was armed with belt of cartridges, which had many cartridges. Two unidentified persons who were armed with dandas and I can recognize them if they come in front of me. Behind them, more people came walking, Nachhattar Singh who had a dang with him and Jagjit Singh who had a rifle, Ranjit Singh s/o Nachhattar Singh who had a naked kirpan, Malkiat Singh who had a gandasi and Kulwant who was holding a danda came, all residents of Ucha Reona. Out of all, Harnail Singh raised a lalkara and said that we have paid earnest money of this land and what are these people doing there. Lets teach them a lesson. Jagjit Singh holding a rifle fired a shot at us. This shot hit my brother Ishwar Singh on his right side of the chest. Harnail Singh fired a shot which hit my brother Ishwar Singh in his stomach. When we raised an alarm, then Jagjit Singh also fired which hit him on his legs and back. They also fired at our car. Some shots touched an adjacent house and hit Amritpal Singh standing there. If we had not run from there, these people would have killed me. All this planning was to kill us. Amritpal and Ishwar were taken to Civil Hospital and they were referred to Sector-32 Medical Hospital, Chandigarh. Both were admitted there. The reason for dispute is regarding a land at Ucha Reona and hence with intention to kill, fired at my brother and Amritpal Singh and injured them. When you came I was present at hospital along with Ishwar Singh. I have stated my statement. Action may be taken. Gurpreet Singh signed/Karam Chand SI, PS Mullepur dtd.: 25/8/2013." Thereafter, the police conducted the investigation and on basis of the same, petitioners Gurmail Singh and Harnail Singh were found to be innocent and were kept in column No.2 in the report submitted under Sec. 173 Cr.P.C. The trial Court thereafter recorded the statement of complainant Gurpreet Singh who appeared as PW1 and deposed on the lines of version given to the police. Thereafter, the prosecution moved an application under Sec. 319 Cr.P.C. for summoning the petitioners as additional accused. The trial Court vide order dtd. 23/7/2015 allowed the application and summoned the petitioners along with one Kulwant Singh to face the trial under Ss. 307, 324, 148, 149 IPC. The operative part of the impugned order is reproduced as under: -

(3.) This petition is pending since 2015 and on 21/10/2015, while issuing notice of motion, it was directed that the proceedings against the petitioners shall be subject to final outcome of this case. Thereafter, the report from the trial Court was sought about status of the trial. The trial Court submitted a report on 28/8/2016 stating that the statement of two prosecution witnesses are recorded and the trial Court is making effort to record the statements of remaining witnesses on day to day basis. In view of the above, again it was directed to the trial Court to proceed ahead in the case as per law.