- (1.) In a prosecution launched in a case registered by way of FIR No.109 dated 28.7.2003 at Police Station Mahilpur, District Hoshiarpur for an offence punishable under sections 148, 452, 307, 325, 324, 323 and 506 read with section 149 of Indian Penal Code, 29 accused were sent to stand trial. After leading some evidence at the trial, an application was made for summoning Akaljot Singh and Sukhwinder Singh, respondents No. 2 and 3 respectively, as additional accused. The said application has been dismissed vide order dated 30.3.2012 passed by learned Additional Sessions Judge (Adhoc) Fast Track Court, Hoshiarpur and the present revision petition has been bought against the said order.
(2.) The brief facts necessary to be noticed for deciding this revision petition are as under:- On 28.7.2003 at about 1.30 or 2.00 PM, 30/35 persons came on motorcycles and other vehicles. They attacked the persons sitting in the temple of the village. They gave blows to Balbir Singh, Member Panchayat, Davinder Singh, Namberdar, Mahinder Singh, Ex-Member Panchayat, Harbhajan Singh, Davinder Singh and Sita Ram with swords, gandasis and sticks. Avtar Singh, Ex-Sarpanch out of fear went into hiding. These persons are said to have been led by Charanjit Kaur wife of Balbir Singh, who was openly declaring that the persons under attack would be killed and that they have got a lot of influence. They were accompanied by Des Raj, Amrik Singh, Deepa, Meera, Pakhar Singh, Kuldeep Singh, Gopy, Tirlok Singh, Saba, Balbir Singh, Chattar Bhuj, Amarjit Singh etc. They were accompanied by some unidentified persons too. After the occurrence, they left the place with their respective weapons in their vehicles. Thereafter, Avtar Singh arranged a vehicle and took the injured to Civil Hospital, Mahilpur where the police recorded his statement and registered the case.
(3.) In his application made through Additional Public Prosecutor, Balbir Singh sought summoning of Akaljot Singh and Sukhwinder Singh as additional accused claiming that he had specifically named those persons in his supplementary statement recorded on 21.9.2003. According to him, despite the same, the police did not challan those persons. He further claimed that now in the witness box, he has stated about their role and has claimed that they not only caused injuries to Balbir Singh but also snatched a sum of Rs. 4,300/- from his pocket and a watch (make Sonata) from his wrist.;