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2019 Supreme(SC) 59

L.NAGESWARA RAO, MOHAN M.SHANTANAGOUDAR
Dev Wati – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. This appeal is directed against the judgment dated 16.10.2014 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Revision No. 3135/10 (O&M) upholding the judgment dated 09.11.2010 passed by the Sessions Court, Faridabad in Sessions Case No. 54/2010.

3. By the impugned judgment, the application under Section 319 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’) filed by the complainant was allowed and consequently the appellants herein were summoned by the Sessions Court to face trial in Sessions Case No. 54/2010.

4. The brief facts arising out of this appeal are that a missing complaint came to be lodged by the brother of the deceased (PW9, Harkesh). After two days of such complaint, the dead body of the deceased Suraj was found. Accused Rajpal @ Rajua, Prem Pal and Devender @ Deven were put to trial for the commission of the offence under Section 302 read with Section 34 of the Indian Penal Code (for short ‘the IPC’), apart from other offences. When the evidence was being recorded, PW-9, Harkesh deposed before the Sessions Court implicating the appellants herein, i.e. Appellant No.1, Smt. Dev Wa





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