Alok Singh, J. - (1.) PRESENT petition is filed challenging order dated 31.03.2010 passed by learned Sessions Judge, Sirsa, thereby declining the request of the complainant to summon private Respondent Nos. 2 to 6 under Section 319 of the Code of Criminal Procedure to face trial in Sessions Case No. 113 -SC of 2008.
(2.) INTER -alia, prosecution story is that Shivraj Singh -complainant along with some other persons of his community were going to Gurudwara Singh Sabha, Dabwali, for paying obeisance and when they reached near the house of Sunder Dass accused where Naam Charcha was being held, accused Sunder Dass etc. attacked the complainant and his companions resulting in death of Harmander Singh and injuries to Shivraj Singh -complainant. Matter was reported to the police. Investigation was carried out. The persons now sought to be summoned as accused were found innocent and were not challaned. On completion of investigation, challan was presented in the Court and charge under Sections 148, 302/149, 324/149 and 427 IPC was framed against accused Sunder Dass and others. Shiv Raj Singh -complainant has stated before the police as under: I am resident of the above said address and is President of Guru Granth Sahib Sabha, Block Mandi Dabwali. Today, I and Mander Singh son of Mahender Singh resident of village Dabwali and Jasbir Singh son of Kaku Singh Prajapat, resident of Saleem Khera, Police Station Odhan and Shivraj son of Balwant Singh, Caste Jat Sikh, resident of Village Alikan were traveling in my gypsy as per daily routine to pay the obeisance to Gurudwara Singh Sabha time at about 6.30 PM in the evening when our vehicle reached near Padri School, Near Bus Stand, then Naam Charcha (Satsang) were going on at the house of Sunder Singh, Amarjit Singh, Darshan Singh, Vandiwala, Jagtar Singh, Surender Singh, Narender, Mander Singh, Sunder Dass Mehta and the son whose father's name I do not know were standing. I know these persons earlier, who said that, there is order of our father that you cannot pass from this street. So we closed the glasses of vehicles. They were more persons and broken the glass of our gypsy with sticks and iron rods and forcibly took us (four persons at the place of Satsang). Gurjant Singh got hold on the hairs of Harminder Singh and Sunder Dass caught hold on legs and Mander Premi gave a blow on the head of Harminder Singh and Amarjit Premi gave a blow of rod on my head and Darshan Singh gave a blow of big stone to Jasbir, when hit as the head and injuries were also given to fourth person Shivraj Singh. All the persons at there were having brick bats, sticks and iron rods and gave the injuries. Harminder Singh died at the spot. When we after releasing tried to run away all the premise (Dera followers) threatened that one we have killed and we will also kill you. They damaged our gypsy and rolled over.... After investigation, police has submitted challan against the five accused i.e. Sunder Dass, Gurjant Singh, Harmander Singh, Jagtar Singh and Gurdeep Singh. The case was committed for trial to the Sessions Court. Before the Sessions Judge, from the prosecution side, 13 witnesses were examined. PW13 was Shivraj Singh son of Malkiat Singh -complainant. He has stated on oath that when he along with others were going on the street leading towards Padri School, Dabwali, 10 persons standing in the street. Out of those 10 persons, Gurjant Singh, Sunder Dass, Mander, Gurdeep and Jagtar are present in Court; while Surender (Respondent No. 4), Narender (Respondent No. 5), Darshan (Respondent No. 3), Suresh ( Respondent No 6) and Amarjit (Respondent No. 2) are not present in the Court, but were present along with the accused in the street at that time and all 10 accused have asked the complainant and his party not to go ahead as there was order of their Pitaji not to allow Sikh gentlemen to pass in the street as they had arranged Naam Charcha. Since, they had to go to Gurudwara falling ahead in the street, Complainant party shut down the window panes of the gypsy. All the accused were armed with iron rods and lathies and broken the window panes of the gypsy and dragged the complainant party out and overturned the gypsy. They took the complainant party towards the house of Sunder Dass accused where Naam Charcha was in progress; Gurjant Singh accused caught Mander (since deceased) by his hair and Sunder Dass had caught legs of Mander Singh and accused Mander then gave blows of iron rod on the head of Mander, who later on succumbed to his injuries; Darshan Singh (Respondent No. 3) hit Jasbir Singh with brick stone. Amarjit (Respondent No. 2) dealt a blow with iron rod on left side of complainant's forehead and thereafter, all the accused jointly assaulted the complainant party with their respective weapons. All the accused proclaimed that they had killed one person Mander and have threatened to kill the complainant party as well. Running from the spot, complainant anyhow reached Government Hospital where his wounds were stitched and dressed.
(3.) LEARNED Sessions Judge vide impugned order has observed as under: It is established on record that PW -13 Shivraj Singh is block level head of Guru Granth Sahab Satkar Sabha, Mandi Dabwali and has been opposing holding of Naam Charcha at various places and is involved in criminal cases. Though Harmander Singh unfortunately died due to assault or self -defence by Sunder Dass, etc. yet in my considered opinion, the evidence on record, is not likely to lead to conviction of the accused sought to be summoned and therefore, no case is made out for summoning Amarjit son of Karnail Singh, Darshan Singh son of Sadhy Singh, Surender son of Balwant Rai, Narender son of Sham Lal, Suresh son of Sunder Dass, all residents of Mandi Dabwali, District Sirsa as additional accused.;