IMPORTANT POINT
Summoning of additional accused to face trial – Power under Section 319, Cr.P.C. is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where circumstances of case so warrant.

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The instant appeal has been filed assailing correctness of order dated 6th January, 2022 passed by the High Court of Punjab and Haryana at Chandigarh, setting aside order dated 10th February, 2020 passed by the Additional Sessions Judge, Bhiwani, Haryana, whereby the learned trial Judge rejected the application filed by the complainant under Section 319 CrPC to summon the appellant (accused) to face trial in Sessions Case No.59 of 2018 with reference to FIR No.156 dated 12th March, 2018 registered under Sections 307, 364, 366, 376 read with Section 34 IPC at Police Station City Bhiwani, Haryana.

3. Brief facts of the case culled out from the record are that FIR No.156 dated 12th March, 2018 was registered for offence under Sections 307, 364, 366, 376 read with Section 34 IPC at Police Station City Bhiwani on the basis of the written complaint filed by Kamlesh w/o Balwan, caste Jat, resident of New Bharat Nagar, Bhiwani, Haryana alleging therein that her daughter aged 20 years was taking coaching of SSC from Evermount Coaching Centre, Old Bus Stand, Bhiwani and she disclosed that on 10th March, 2018 at about 9.00 a.m., she went to the coaching centre, but did not return home up to 1.00 p.m. Thereafter, she made enquiries from her friends and acquaintances but could not find her whereabouts.

Later, she came to know that the victim girl was admitted in Sunflag Hospital, Rohtak. When they reached the hospital at 9.00 p.m., they were told that the victim girl was in ICU Ward and two boys, Arjun and Naveen, sons of Balwan Jat, resident of Beri, District Jhajjar, had brought the victim girl to the hospital in unconscious state.

4. She further disclosed that her daughter has been enticed to Rohtak by Arjun, in a preplanned manner, in collusion with his other friends where she was raped and an attempt was made to eliminate her by hanging. When Arjun and his accomplices felt that the victim girl had died, they shifted her to the hospital in order to save their skin. Accordingly, she prayed that legal action may be taken against the culprits.

5. After registration of the FIR, the investigation swung into motion and on receipt of the Ruqa regarding the death of the victim girl on 13th March, 2018, Section 302 IPC was added and consequent upon verification, allegations against Arjun were found to be true, whereas remaining culprits, i.e. Naveen (brother of the appellant) and Mehar Singh(son of Shardha Nand) were found innocent and, therefore, the abovenamed persons were kept in column no.2 and subsequently, accused Arjun was arrested and after completion of investigation, the report under Section 173 Cr.PC was submitted before the Ld. Ilaqa Magistrate on 5th June, 2018 against the accused Arjun. After chargesheet came to be filed, charges were framed against accused Arjun on 6th August, 2018.

6. An application was filed by the complainant through learned Public Prosecutor under Section 319 CrPC on 29th October, 2018 for summoning of Naveen s/o Balwan and Mehar Singh s/o Shardha Nand, as additional accused along with accused Arjun, on the premise that she had named both these persons(Naveen and Mehar Singh) as accused in her initial version but the police did not challan them in collusion with them and as she now has deposed in the Court naming these persons as accused, hence, these two persons shall also be summoned to face trial along with the main accused Arjun. In support thereof, it was urged that the complainant Kamlesh as PW.10 specifically deposed against the proposed accused Naveen and Mehar Singh as accomplices of accused Arjun because these two persons were also present in the hospital with the deceased and their presence is established from the CCTV footage of Sunflag Hospital, Rohtak and they should also be summoned to face trial with accused Arjun.

7. In counter, learned counsel for the appellant submitted that the complainant PW.10 has made deliberate improvements in her statement and is try