NARINDERPAL Vs. STATE OF PUNJAB ANOTHER

JUDGEMENT

(1.) Present revision petition is directed against the order dated 19.11.2018 passed by learned Additional Sessions Judge, Fatehgarh Sahib whereby application to summon Jashanjot Joshi as an additional accused in case bearing FIR No.42 dated 18.05.2017 under Sections 120B, 302 IPC registered at Police Station Amloh, was dismissed.

(2.) Facts relevant for the purpose of decision of the present revision petition; that complainant, Narinder Pal reported to the police that Kiranjit Joshi used to harass his bhabhi, namely, Paramjit Kaur and Kiranjit Joshi usually called her brother Jashanjot Joshi son of Sulekh Chand and her cousin Sandeep alias Sunny through phone call and they all, in connivance with each other, used to give beatings to his nephew Hari Pal. About three years ago, Kiranjot Joshi had thrown out Paramjit Kaur from the house after giving her beatings, upon which Paramjit Kaur had started residing at her parental house. Kiranjot Joshi had also thrown Hari Pal out of the house after giving beatings to him about 6/7 months ago.

(3.) On 18.05.2017, at about 4 PM, the complainant was going to his house on foot from bus stand and when he reached in the street in front of the house of Kiranjot Kaur and his nephew Hari Pal, he heard noises from the house and when he went inside the house, he found that his nephew Hari Pal was lying on the floor of the bedroom and there was injury marks on the neck underneath the ears and his nephew Hari Pal was found dead. The complainant was certain that Kiranjot Joshi, in connivance with Balwinder Kumar alias Pappu, Jashanjot son of Sulekh Chand and Sandeep alias Sunny had killed his nephew Hari Pal by strangulating him. He noticed that on seeing him, Kiranjot Joshi entered in the bedroom and went in the bathroom. The complainant thereafter came to the street and raised noise, upon which the people gathered there. He informed the incident to his bhabhi, Paramjit Kaur and reported the matter to the police. On the basis of that, police investigated the matter and challan was presented against Kiranjot Joshi, Balwinder Kumar alias Pappu and Sandeep alias Sunny whereas Jashanjot Joshi was kept in column No.2. Subsequently, an application under Section 319 Cr.P.C. was filed for summoning of Jashanjot Joshi as an additional accused on the statement having been made by the complainant and on the basis of that prayer was made to summon Jashanjot Joshi as an additional accused.