MANJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(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.

(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.