- (1.) This revision is directed against the order dated 19.7.2011 passed by the Additional Sessions Judge (FTC) Sirsa, by which application moved by the prosecution under Section 319 of the Code of Criminal Procedure,1973 (for short, 'CrPC') for summoning of additional accused/petitioners, has been allowed.
(2.) The FIR is registered by Mohinder Kumar son of Dharam Pal who has alleged that his father Dharam Pal and uncle (Mausera Tau) Lal Chand had purchased a plot No.202, situated at Landi Market, Circular Road, Sirsa, which was shown in the names of Kiran Bala and Shakuntla about which a case was pending in the Civil Court where his father had gone for pursuing his application for stay. On the date of occurrence, at about 11.a.m, he alongwith his uncle Om Parkash and brothers Ashok Kumar, Surender @ Sonu sons of Dharam Pal were returning to Sirsa after completing some private work at Bhambhur. When they reached at Landi Market at 11.15. a.m., they saw Shashi Mehta @ Raj Kumar, Naresh Mehta, Sunil Mehta, Mahesh Bansal and Sunil Kumar on their aforesaid plot where construction work was going on. Naresh and Shashi were armed with licensed guns whereas Sunil Mehta, Mahesh Bansal and Sunil Kumar were armed with batton of spade (kassi wala danda). When they enquired about their presence and the construction on their plot, Shashi Mehta, Sunil Mehta and Mahesh Bansal told Naresh Mehta to finish daily dispute which prompted Naresh to fire a shot from his gun but he narrowly escaped. All the three again exhorted Naresh who fired from his gun which hit left arm of his brother Ashok Kumar and the bullet pierced through the other side and entered left side of his chest. The other accused Sunil Kumar and Mahesh Bansal also caught hold of him and gave slap and danda blows. As per medicolegal report, Ashok Kumar had suffered three injuries, two on the left arm and one on the chest which coincides with the story of the prosecution that the bullet fired by Naresh entered the left arm of Ashok from one side and came out from the other side and then entered left side of his chest. He also produced his MLR in which there are abrasions and complaint of pain as he had alleged that he was given beatings with slap, fists and also with danda.
(3.) Challan was presented only against Naresh but after the statement of Ashok Kumar (PW-1), the prosecution had filed an application under Section 319 of Cr.P.C on which Shashi Mehta alias Raj Kumar, Mahesh Bansal, Sunil Mehta and Sunil Kumar have been summoned as additional accused.;