AMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present revision petition is directed against the order dated 2.4.2019 passed by learned Additional Sessions Judge, Sangrur whereby petitioner, Amandeep Singh alias Bhalu son of Harbans Singh was ordered to be summoned as an additional accused to face trial alongwith others.

(2.) Facts relevant for the purpose of decision of the present revision petition; FIR No. 95 dated 31.07.2018 under Sections 302, 341, 323, 148 and 149 IPC was registered at Police Station Cheema, District Sangrur on the basis of statement of Amarjit Singh and the matter was investigated. After investigation, challan was presented in the Court against Harbans Singh, Nirmal Singh alias Bhola, Avtar Singh alias Tari, Sukhchain Singh, Kulwinder Singh alias Soni and Balwinder Singh alias Gaggi. At that time, it was mentioned that an enquiry in the application for declaring accused Amandeep Singh alias Bhalu was pending with Deputy Superintendent of Police, Sunam and that on completion thereof, supplementary challan would be filed.

(3.) During trial, complainant Amarjit Singh was examined as PW1 and he narrated the part and role of petitioner, Amandeep Singh alias Bhalu. As per the complainant, the alleged occurrence had taken place in pursuance of common intention with other co-accused. At the time of occurrence, accused Harbans Singh and Nirmal Singh armed with spades, Avtar Singh and Sukhchain Singh son of Harbans Singh, armed with wooden Tumbas, Amandeep Singh alias Bhalu, Kulwinder Singh and Balwinder Singh armed with dandas and they committed the murder of Sukhchain Singh, son of the complainant. As per the complainant, the role of Amandeep Singh alias Bhalu was also detailed in the statement of Balwinder Singh recorded under Section 161 Cr.P.C., specific role is attributed to the accused including Amandeep Singh alias Bhalu, but he was shown in column No.2.