SUKHMANDER SINGH SAMRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the order dated 11.05.2018 passed by the Additional Sessions Judge, Moga vide which the application filed by the petitioner under Section 319 of the Code of Criminal Procedure (in short 'Cr.P.C') for summoning respondent No.2 as an additional accused, was dismissed.

(2.) Brief facts of the case are that FIR No.187 dated 03.12.2015 under Sections 395, 308, 323, 34 of the Indian Penal Code (in short 'IPC') at Police Station Dharamkot was registered on the statement of Sukhmander Singh Samra that he is resident of U.S.A. and in the month of November, 2015, he had come to his village. His brother Baljinder Singh, who is also a resident of U.S.A. came to the village and on 02.12.2015 at about 08:00 PM, when they were present at the house of Balwinder Singh, one of their relative Inderjit Singh had come to meet them and in the meantime, Malkiat Singh armed with iron chain of motorcycle, Bachitar Singh armed with iron rod, Jasvir Singh armed with iron pipe, Murti Kaur Sarpanch, armed with baseball bad, Chhinder Kaur armed with iron pipe, entered the house and Malkiat Singh raised a lalkara they teach them a lesson for not allowing them to pass through the streets and thereafter, they caused injuries to the complainant, Baljinder Singh, Jasdeep Singh and Inderjit Singh.

(3.) After framing of the charges, the trial Court recorded the statement of PW1 Sukhmander Singh Samra, who deposed on the version given in the FIR and was cross-examined by the accused party. Similarly, PW2 Baljinder Singh and PW3 Inderjit Singh also appeared and supported the prosecution version.