M.R.SHAH, J. - (1.) Feeling aggrieved and dissatisfied with the impugned Judgment and Order passed by the High Court of Punjab and Haryana at Chandigarh in CRR No.28 of 2018 by which the High Court has dismissed the said Revision Application preferred by the appellant herein and has confirmed the order passed by the Learned Sessions Judge dated 05.09.2017 by which the Additional Sessions Judge dismissed an application under Section 319 CrPC moved by the appellant herein for summoning the Respondent Nos. 2 to 5 herein as additional accused in the case FIR No.477 dated 27.07.2016 for the offences under Sections 302, 307, 341, 148 and 149 IPC registered at Police Station Assandh, the appellant/victim has preferred the present appeal.
(2.) An FIR No.477 dated 27.07.2016 was registered at Police Station Assandh on the basis of the statement of one Rann Singh, regarding the death of his son Amarjit Singh and the injuries having been suffered by the present appellant - Manjeet Singh. That as per the statement of Rann Singh his son Amarjit Singh and his nephew Manjeet Singh were attacked by Sartaj Singh, Tejpal Singh and Sukhpal Singh sons of Gurdev Singh, Parab Sharan Singh and Preet Samrat sons of Mohan Sarup while they were on their way back home after purchasing the pesticides meant for paddy in their car. They parked their Mahendera XUV 500 belonging to Sartaj Singh and blocked the road. They were armed with weapons and when his son Amarjit Singh followed by Manjeet Singh stepped out from his car to get the road cleared, Sartaj Singh fired four shots from his licenced revolver, which hit the left side of the chest, stomach and elbow of Amarjit Singh. Sartaj Singh fired indiscriminately from his licenced revolver, which also hit the nephew Manjeet Singh on the chest near the right shoulder. Amarjit Singh died on spot and Manjeet Singh was admitted in the hospital, as per the statement of Rann Singh. 2.1 A cross-case was also registered at the behest of Sartaj Singh, the accused in the FIR on 28.07.2016 which was recorded against the complainant side in FIR No.477 dated 27.07.2016. In the cross- case the allegations were made against Manjeet Singh, Narvair Singh and other persons namely Palwinder Singh son of Rann Singh, Satkar Singh son of Rajwant Singh, Rajwant Singh son of Gurcharan Singh and Sukhdeep Singh son of Satnam Singh where it was alleged that all the persons inflicted injuries on his person. 2.2 The matter was investigated and after investigation, a final report was filed only against Sartaj Singh in FIR No.477. All other accused were exonerated and were kept in column no.2. In cross case, one of the accused died and a challan was filed against two persons where four of them namely Palwinder Singh, Rajwant Singh, Sukhdeep Singh and Satkar Singh were kept in column no.2. 2.3 The case was committed to the Court of Sessions and the trial begin in both the cases namely arising out of FIR No.477 dated 27.07.2016 and the cross case. That during the trial arising out of FIR No.477, appellant herein came to be examined as PW1. In the deposition, he reiterated the allegations made in the FIR including the allegations made against the private respondents herein namely Sukhpal Singh, Tejpal Singh, Parab Sharan and Preet Samrat and reiterated what was stated in the FIR. He came to be cross- examined partly and during the cross-examination, an application under Section 319 CrPC was given on behalf of the complainant for summoning of Sukhpal Singh, Tejpal Singh, Parab Sharan and Preet Samrat as additional accused. Further cross-examination of PW1 came to be deferred. That by order dated 05.09.2017, the Learned trial Court dismissed the application under Section 319 CrPC for summoning Sukhpal Singh, Tejpal Singh, Parab Sharan and Preet Samrat as additional accused to face trial arising out of FIR No.477 of 2016.
(3.) In the cross case arising out of the complaint given by Sukhpal Singh recorded on 28.07.2016 (accused in FIR No. 477 dated 27.07.2016) the prosecution examined Sukhpal Singh as PW1, Dr. Mahinder, the Medical Officer as PW2 and one Bhupinder Singh as PW7. That thereafter the said Sartaj Singh filed an application before the Learned trial Court under Section 319 CrPC for summoning Palwinder Singh, Sartaj Singh, Rajwant Singh and Sukhdeep Singh as additional accused. On the basis of the evidence recorded the Learned trial Court after considering the statements of Sartaj Singh and other eye witnesses and the material on record allowed the application under Section 319 CrPC vide order dated 21.04.2018 and directed to issue summons against Palwinder Singh, Satkar Singh, Rajwant Singh and Sukhdeep Singh.;