DARSHAN SINGH Vs. STATE

JUDGEMENT

(1.) The instant revision has been preferred by the petitioners herein for assailing the order dtd. 25/6/2019 passed by the learned Additional Sessions Judge, Sangariya in Sessions Case No. 19/2018 (CIS No.38/2018) whereby, the application preferred by the respondent No.2 complainant under Sec. 319 Cr.P.C. was accepted and the petitioners herein were summoned to face trial alonwith the charge-sheeted accused for the offences under Ss. 307, 323, 326 and 143 IPC.

(2.) I have heard and considered the submissions advanced by the learned counsel representing the petitioners Shri Sandhu, learned Public Prosecutor and Shri Manish Dadhich learned counsel representing the complainant, and have gone through the impugned order and the challan papers.

(3.) The investigating officer, after concluding investigation, filed challan only against the accused Sardul Singh whereas the other accused were exonerated. On going through the challan papers and the statement of the witnesses examined at trial, it is clear that the incident took place all of a sudden when the injured Dilip Kumar tried to block the rain water entering into his house by erecting a mud wall. It is alleged that the accused persons gathered together and started assaulting Dilip Kumar while he was the blocking the water blow. In this process, it is alleged that Sardul Singh gave a Kassi blow on the head of Dilip Kumar and Amritpal Singh also gave him a Kassi blow as a result whereof, Dilip Kumar fell down unconscious.