SARWAR HUSSAIN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.MMO No. 22 of 2011 and Cr.MMO No. 119 of 2011 as in both the petitions the order dated 23.02.2011 passed by learned Additional Sessions Judge, Mandi, in Cr.M.P. No. 18 of 2011 in S.T. No.6 of 2005 has been assailed. Cr.MMO No. 22 of 2011 has been filed by Sarwar Hussain and Talib Hussain whereas Cr.MMO No. 119 of 2011 has been filed by State.

(2.) THE facts,in brief, are that FIR NO. 292 dated 01.11.2004 has been registered at Police Station,Balh, under Sections 302, 147, 148, 149, 323 and 506 IPC at the instance of Sadiq Mohammad, son of deceased Nasir Hussain. The allegations are that certain persons numbering around 12 trespassed into the fields of Nasir Hussain, Sarwar Hussain and Talib Hussain. The said persons gave beatings to Nasir Hussain, Sarwar Hussain and Talib Hussain. The assailants were armed with 'dandas ', axes, sword. Nasir Hussain, Sarwar Hussain and Talib Hussain sustained grievous injuries. They were taken to C.H.C., Ratti. Nasir Hussain declared dead by the doctor, Sarwar Hussain and Talib Hussain were referred to Zonal Hospital, Mandi. Talib Hussain was further referred to P.G.I., Chandigarh. Sarwar Hussain and Talib Husssain were in hospital, therefore, the complainant, who is the son of the deceased Nasir Hussain got the complaint registered at Police Station and gave the names of the persons, who were known to him.

(3.) THE lapses of the Investigating Officer surfaced during trial, accordingly prosecution filed an application under Section 319 Cr.P.C. for impleading Hussan Ali alias Hafan Deen and Noor Mohamad alias Noor Ahmed. PW -1 Sadiq Mohammad and PW -3 Mansab Ali in their statements have named Hussan Ali alias Hafan Deen, Noor Mohamad alias Noor Ahmed, who also gave blows to the deceased as also to the injured petitioners. The petitioners in their statements in the Court on 23.08.2005 had also named Hussan Ali alias Hafan Deen, Noor Mohamad alias Noor Ahmed. The learned Additional Sessions Judge, however, dismissed the application under Section 319 Cr.P.C. on 23.02.2011. The learned Additional Sessions Judge has not appreciated that in view of statements of PW -1, PW -3, PW -4 and PW -5 the involvement of Hussan Ali alias Hafan Deen and Noor Mohamad alias Noor Ahmed in the commission of the offence has been established.