Naresh Kumar Sanghi, J. - (1.) Challenge in the present criminal revision petition is to the order dated 26.05.2014 passed by learned Additional Sessions Judge, Rewari, whereby the petitioners, namely, Laheri, Smt. Ram Rati, Dinesh, Rohul, Sunny, Sheoraj, Smt. Sushila, Smt. Asha, Smt. Usha and Satish, were summoned under Sec. 319, Cr.P.C., to face trial with the principal accused, Suresh, Subhash and Sunil, all sons of Laheri, already facing trial for the offences punishable under Ss. 148 and 302 read with Sec. 149, IPC, in a case arising out of FIR No. 246, dated 30.11.2013, for the offences punishable under Sec. 302 read with Sec. 34, IPC, registered at Police Station, Bawal, District Rewari.
(2.) At the very outset learned Senior counsel submitted that even if the whole case of the prosecution is taken at its face value then also prima facie case for summoning of the petitioners to face trial in a serious case under Sec. 302, IPC, is not made out. To elaborate his submissions, learned Senior counsel contended that Ramphal (since deceased) alleged to have sustained only lacerated wound (1 x 0.5 cm) on the inner aspect of upper lip for which 13 persons (three persons were originally put to trial and later 10 more persons were summoned under Sec. 319, Cr.P.C.) should be put to trial particularly when the medical evidence was to the effect that Ramphal (since deceased) had died due to heart ailment.
(3.) Mr. Pawan Gaur, learned Deputy Advocate General, Haryana, initially supported the impugned order but later when he was confronted with the medical evidence emerging on record and the manner in which the Investigating Agency declared the petitioners innocent then he could not contradict the submissions advanced by learned Senior counsel representing the petitioners.;