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2023 Supreme(P&H) 929

DEEPAK GUPTA
Gurtej Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Amaninder Singh Sekhon, Advocate for the petitioner.
Mr. Parneet Singh Pandher, AAG, Punjab.
Mr. Ranjit Singh Ghuman and Ms. Shashi Ghuman, Advocates for respondent No.2.

DEEPAK GUPTA , J.

This revision is directed against the order dated 10.07.2015 passed by the Court of learned Sessions Judge, Faridkot, dismissing the application under Section 319 Cr.P.C. to summon Parabhjinder Singh alias Shani as an additional accused, during the trial of the case arising out of FIR No.34 dated 23.04.2014, registered at Police Station Bajakhana, District Faridkot, under Sections 302, 307 and 34 of IPC and Section 27 of the Arms Act, 1959.

2. FIR was lodged on the complaint of Gurtej Singh (petitioner herein), as per which on 23.04.2014, he along with his brother Manpreet Singh were cultivating the land of their uncle Pargat Singh. Fields of Avtar Singh S/o Gurjant Singh employed as Punjab Police Hawaldar adjoins to their fields. Said Avtar Singh along with his sons Soni and Shani stopped their tractor, lifted their kurta and started cracking obscene jokes. Avtar Singh raised lalkara asking them to run away and then took out pistol from his dub, whereas his sons Soni armed with kulhari and Shani armed with sabbal ran towards them. It was alleged further by complainant Gurtej Singh that he and his brother tried to run, when Avtar Singh with the intention to kill the

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