The judgment emphasizes the importance of evidence during investigation and the power of the court to proceed against other persons appearing to be guilty of an offense, highlighting the scope of Section 319 Cr.P.C. and the quality of evidence needed to inspire the confidence of the court regarding the involvement of additional accused.

JUDGMENT

H.S. Madaan, J. - Briefly stated, facts of the case are that complainant Paramjit Kaur daughter of Amar Singh of Rai Sikh community, aged about 19 years, resident of Sipper had got her statement recorded with the police of Police Station Bawani Khera, wherein she stated that on 29.5.2012, she was working in her fields in the village having cotton crops and their water turn was scheduled to began at 9:18 a.m. and the water was to start from a distance of 3 killas from the place, where she was working; in the meanwhile a tractor carrying several persons besides persons riding three motorcycles came there; all of them were carrying jailies, lathies, binda (handles) of kassi; those persons were Balwan, Ram Mehar son of Chet Ram, Bala, Ramesh son of Ram Narain, residents of Sipper; other persons accompanying them were having muffled faces; Mangal son of Jugla and Pappu son of Hoshiyar Singh caught hold of the complainant and threw her on the ground; they started giving lathi blows to her besides giving slaps; the complainant raised an alarm; the father of the complainant, who was irrigating the fields came there; he was also given beatings by those assailants; after some time Sonu son of Harbans, a cousin brother of the complainant came there; on his arrival all those persons ran away; father and cousin brother of the complainant took her to CHC, Tosham for treatment; from that medical institute information was given to the police, then ASI Nafe Singh had left for CHC, Toshan but due to some reasons, he could not reach there and record the statement of complainant.

2. On 29.5.2012, ASI Nafe Singh collected ruqa and MLR of injured/complainant and reached CHC, Tosham, where he recorded statement of complainant Paramjeet Kaur. ASI Nafe Singh attested her signatures. MLR of injured/complainant disclosed two injuries on her person, both with blunt weapons. X-ray examination had been advised. The Investigating Officer observed that no serious offence was made out and after x-ray reports, the proceedings will be initiated and statement would be recorded in the Roznamcha of the police station. Subsequently, x-ray report of injured/complainant Paramjit Kaur was received, which disclosed a fracture of clavicle, therefore, being of the view that offences under Sections 147, 149, 323 and 325 IPC were disclosed, formal FIR No.95 dated 12.6.2012 was registered with Police Station Bawani Khera. The investigation in the case started, which revealed that only Balwan and Ram Mehar were involved in the incident. Whereas involvement of remaining persons named by complainant Paramjeet Kaur was not found to be there, as such they were not challaned. During the course of trial against Balwan and Ram Mehar when statement of complainant Paramjeet Kaur was recorded as PW1, the prosecution moved an application under Section 319 Cr.P.C. for summoning of petitioners as additional accused. That application was dismissed by the trial Magistrate vide order dated 2.2.2015 with the following observations:

7. Perusal of the testimony of PW1 would reveal that she has made material improvements in her testimony and alleged that the accused persons came to insult her. She has alleged that 7/8 persons caused injuries to her, but the perusal of the MLR would reveal that she has sustained only two injuries. One specific injury on the collar bone was alleged by her to be caused by accused Ram Mehar in her cross-examination and accused Balwan caught hold of her by her neck, which was not stated by her in the FIR. She has named one Bala wife of Ram Mehar in the FIR, but Bala was not named by her in her testimony before the Court. In the FIR, she has said that Mangal son of Jugla and Pappu son of Hoshiara Singh had caught hold of her and thrown her on the ground, but in her testimony before the Court no such allegation was levelled against Mangal son of Jugla and Pappu son of Hoshiara Singh. There is no material on file to support version of complainant except the two