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2020 Supreme(P&H) 1113

IN THE HIGH COURT OF PUNJAB AND HARYANA
Nirmaljit Kaur, J.
Manjeet Singh - Appellant
Versus
State Of Haryana And Others - Respondent
Criminal Revision No. 28 of 2018, 3238 of 2018; Criminal Miscellaneous (Main) No. 55631 of 2018
Decided On : 28-08-2020

Advocates Appeared:
P.S. Ahluwalia, Advocate, H.S. Randhawa, Advocate, Parveen Sharma, Advocate, Tanushree Gupta, Advocate, A.D.S. Sukhija, Advocate, Sant Pal Singh Sidhu, Advocate

Headnote:

Revision Petitions - Summoning of Additional Accused - Sections 148, 302, 307, 341, 149 IPC and 27/54/59 of Arms Act - The court discussed the application of Section 319 of Cr.P.C. for summoning additional accused in a case involving a brutal attack resulting in death and injuries. The court analyzed the evidence, including medical reports and witness statements, to determine the sufficiency of evidence for summoning the accused. The court emphasized the need for strong and cogent evidence before exercising the power under Section 319 Cr.P.C.

Fact of the Case:

The case involved a brutal attack resulting in the death of Amarjit Singh and injuries to Manjeet Singh. The court considered the applications under Section 319 of Cr.P.C. for summoning additional accused in the case.

Finding of the Court:

The court found that the evidence presented did not provide strong and cogent evidence to summon the additional accused under Section 319 Cr.P.C. The court emphasized the need for a stricter degree of satisfaction and strong evidence before exercising the power under Section 319 Cr.P.C.

Issues: The issues involved the sufficiency of evidence for summoning additional accused under Section 319 of Cr.P.C. and the interpretation of the degree of satisfaction required for exercising the power under Section 319 Cr.P.C.

Ratio Decidendi: The court held that the power under Section 319 Cr.P.C. should be exercised sparingly and only when strong and cogent evidence is available. The court emphasized the need for a stricter degree of satisfaction and strong evidence before summoning additional accused.

Final Decision: The court dismissed the revision petitions and set aside the order summoning the petitioners as accused, emphasizing the need for strong and cogent evidence before exercising the power under Section 319 Cr.P.C.

JUDGMENT

Nirmaljit Kaur, J. - All the above mentioned revision petitions shall stand decided by this common order arising from the same FIR No.477 dated 27.07.2016 under Sections 148, 302, 307, 341 read with Section 149 IPC and 27/54/59 of Arms Act, registered at Police Station Assandh as well as cross case registered under DDR dated 29.07.2016.

2. Crr-28-2018 is directed against the order dated 05.09.2017, by virtue of which the learned Additional Sessions Judge (for short, "the trial Court") has dismissed the application under Section 319 of Cr.P.C. moved by the petitioner/victim for summoning of respondent Nos.2 to 5 as additional accused in case FIR No.477 dated 27.07.2016, under Sections 302, 307, 341, 148 and 149 of IPC, registered at Police Station Assandh.

3. The brief facts relevant for the instant petition are that FIR No.477 was registered on the basis of the statement of complainant Rann Singh, regarding the death of his son Amarjit Singh and injuries having been suffered by the present petitioner Manjeet Singh.

4. As per statement of Ran Singh, his son Amarjit Singh and his nephew Manjeet Singh were attacked by Sartaj Singh, Tejpal Singh and Sukhpal Singh sons of Gurdev Singh, Parab Sharan Singh and Preet Samrat Singh sons of Mohan Sarup while they were on their way back home after purchasing the pesticides meant for paddy in their car. They parked their Mahendera XUV 500 belonging to Sartaj Singh and blocked the road. They were armed with weapons and when his son Amarjit Singh followed by Manjeet Singh stepped out from his car to get the road cleaned, Sartaj Singh fired four shots from his licenced revolver, which hit the left side of the chest, stomach and elbow of Amarjit Singh. Sartaj Singh fired indiscriminately from his licenced revolver, which also hit the nephew Manjeet Singh on the chest near the right shoulder. Amarjit Singh died on spot and Manjeet Singh was admitted in the hospital.

5. A cross case was also registered at the behest of Sartaj Singh, the accused in the FIR on 28.07.2016 which was recorded against the complainant side in the FIR No.477 dated 27.07.2016. In the statement made by Sartaj Singh, it was alleged that besides Manjeet Singh, Narvair Singh and other persons namely Palwinder Singh son of Ran Singh, Satkar Singh son of Rajwant Singh, Rajwant Singh son of Gurcharan Singh and Sukhdeep Singh son of Satnam Singh had inflicted injuries on his person. It was alleged that while he was going in his car Mahendera XUV-500 for personal work and stopped his car on the left side to answer the phone call, Manjeet Singh son of Mahinder Singh, who was coming in his car from Assandh side and a lady was siting by his side, who may be his wife, stopped his car next to him and after rolling down his window threatened him for having ploughed his barley crop in his capacity as the Sarpanch and while going back home after finishing his work, he found that a car was parked diagonally on the road. The same car was parked in which Manjeet Singh was traveling and when he took out his head to look for the driver, Palwinder Singh son of Ran Singh, Satkar Singh son of Rajwant Singh armed with lathies and were hiding on the right side of the road came and attacked him and gave lathi blows on the head. Thereafter, 10/12 persons came running towards the car from both sides of the road. He went on to state that:

    "Manjeet Singh son of Mahinder Singh, Amarjit Singh son of Ran Singh, Rajwant Singh son of Gurcharan Singh, Narvair Singh son of Tarlok Singh, Sukhdev Singh son of Satnam Singh, residents of Bandrala, he recognized were holding lathies and gandsis in their hands. Rajwant Singh came running towards my side and switched off the engine of the car and also opened the door lock of driver side of the car and also opened the door lock of driver side or the car. Manjeet Singh opened the door from outside. Manjeet Singh and Rajwant Singh both dragged me out of the car and Rajwant Singh raised a Lalkara that "today the

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