Section 319 CrPC empowers summoning additional accused on examination-in-chief alone if it prima facie shows complicity beyond mere possibility, without needing cross-examination or Section 161 corroboration; trial court discretion upheld if reasoned.

JUDGMENT :

Virender Singh, J.

Petitioners, have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), for quashing of order dated 11.09.2024, passed in Cr.MA No.174 of 2024, titled as State of H.P. versus Rikhi Ram, passed by the Court of learned Additional Sessions Judge, Hamirpur, District Hamirpur (hereinafter referred to as the ‘trial Court’).

2. Vide order dated 11.09.2024, the learned trial Court has summoned the petitioners for the commission of offences punishable under Sections 304 and 323 read with Section 34 of the IPC.

3. For the sake of convenience, the petitioners are hereinafter referred to as the ‘additional accused’ and respondent No.2 as ‘complainant’

4. Brief facts, leading to filing of the present petition, before this Court, as borne out from the record, may be summed up, as under:-

4.1. On 2.1.2022, Up Pradhan Nanwan, telephonically informed the police of Police Station Barsar, about the quarrel, which had taken place in village Vyar and requested to send the police, upon which SI Sukhdev Raj along with other police official, reached at village Vyar Kalan. SI Sukhdev Raj telephonically informed that a person, namely Gauri Nand Sharma, who became unconscious in the quarrel, has been taken to CH Barsar for treatment, upon which, ASI Ajayab Singh reached at Civil Hospital Barsar, where complainant Gaytri Devi and Gauri Nand Sharma, who was unconscious, were found to be admitted for treatment. Their medico-legal examination was conducted.

4.2. The Medical Officer has mentioned three injuries on the person of Gaytri Devi and X-ray was advised to be conducted, whereas, on the MLC of Gauri Nand, four injuries were stated to have been found on his person and he has been declared as brought dead.

4.3. Thereafter, Gaytri Devi, got recorded her statement, under Section 154 Cr.PC, in which, she has disclosed that she is resident of the address, as mentioned in the statement, and is a home maker. Her husband expired in an accident, when he was serving in the Army. She had two children, both were married and residing with their families at Chandigarh. Her brother-in-law is also residing with them at Chandigarh.

4.4. According to the complainant, she and her brother-in-law had a civil litigation with Rikhi Ram and Lakshman Dass. Complainant and her brother-in-law (devar) Gauri Nand were constructing a bathroom, upon which Rikhi Ram etc., had obtained stay from the Court. Thereafter, their lawyer informed that Rikhi Ram had made an application, in the Court, by saying no objection with regard to the construction of the bathroom. Thereafter, the complainant and her brother-in-law Gauri Nand Sharma came back from Chandigarh on 26.12.2021.

4.5. On 2.1.2022, at about 11.30 a.m., Up Pradhan Gram Panchayat Nanwan Shyam Lal Sharma came to the spot. At that time, Rikhi Ram, Lakshman Dass, Roshni Devi Rimpy Sharma and Vipin Kumar, were also present, on the spot. Up Pradhan Shyam Lal Sharma, Santosh Kumari and Somlata tried to pacify both the parties and in order to discuss the matter, said Shyam Lal Sharma, Santosh Kumari and Somlata, had gone to the backyard of the house of the complainant.

4.6. Roshani Devi wife of Rikhi Ram, had said to her husband that ‘in dono ka kanda kad do’. Rikhi Ram had dragged Gauri Nand, who was sitting on the chair and made him fall on the ground. Thereafter, Roshani Devi and Rimpy went to kitc