AJAY @ BACHI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the order dated 28.10.2016 passed by the Additional Sessions Judge, Hisar vide which the application filed by the prosecution under Section 319 of the Code of Criminal Procedure (in short 'Cr.P.C') for summoning Shamsher Singh and Surender Singh as additional accused, was dismissed.

(2.) Brief facts of the case are that the petitioner got the FIR No.50 dated 22.01.2015 under Sections 307/34 of the Indian Penal Code (in short 'IPC') and 25 of the Arms Act at Police Station Sadar Hisar, District Hisar, with the allegations that his elder brother Anuj is studying and keep on roaming. On 20.01.2015, he had a scuffle with a person named Chhatarpal. On 21.01.2015, the complainant received a call from Shamsher Singh to come near Jat College, however, he did not go to that place. In the evening, the complainant received another call from accused Anil on his mobile phone asking him to come to the road for effecting compromise and when he reached there, Surender Singh, Shamsher Singh and Anil were present there on a motorcycle and they asked the complainant to have a talk. In the meantime, Shamsher Singh with a country-made pistol fired a shot on him with an intention to kill, which hit him on the right side of oxillary portion (flank) and pellets hit him on the right arm and thereafter, they (Surender Singh, Shamsher Singh and Anil) ran away from the spot. The complainant was taken to hospital by Arun. Later on, the police conducted the investigation and found Shamsher Singh and Surender Singh to be innocent and submitted the challan against accused Anil. After framing the charge against Anil, the trial Court recorded the statement of the complainant Ajay @ Bachhi as PW8 and when he made the statement on similar line as made in his statement before the police under Section 161 Cr.P.C., he reiterated the version that Anil, Shamsher Singh and Surender Singh were present at the bus stop and Shamsher Singh fired a shot on him with an intention to kill, which hit on his right side of oxillary portion (flank) and then all the 03 persons ran away from the spot. Thereafter, the prosecution moved an application under Section 319 Cr.P.C., for summoning the aforesaid persons namely Shamsher Singh and Surender Singh as additional accused. In the application, it is stated that despite the fact that it is categorically stated in the FIR that Shamsher Singh had fired the shot with intention to kill the complainant, the police did not submit the challan against him and he was kept in Column No.2.

(3.) The trial Court vide impugned order dated 28.10.2016, dismissed the application by making the following observations:-