The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.

JUDGMENT :

JASJIT SINGH BEDI, J.

This order shall dispose of two petitions bearing No.CRR-2144- 2022 titled as Hempal Versus State of Haryana & another and CRR-2052- 2022 titled as Arun Pratap & another Versus State of Haryana & another as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRR-2144-2022.

2. The prayer in the instant revision petitions are for setting aside of the order dated 05.09.2022 passed by the Sessions Judge, Faridabad vide which the petitioners have been ordered to be summoned to face Trial under Section 319 Cr.P.C. for the offences under Sections 302 and 201 read with Section 34 IPC.

3. The brief facts of the case are that an FIR No.430 dated 31.10.2020 under Sections 302/201/34 IPC, Police Station Sadar Ballabgarh, Faridabad came to be registered at the instance of Chanderpal (respondent No.2) son of Chunnilal and the same reads as under:-

“To SHO Police Station Sadar Ballabhgarh. Respected sir, it is requested that I am Chanderpal son of Chunnilal, a resident of village Machgar and I am a retired subedar from the Indian Army and I am a farmer. I have three children amongst which one is a girl and two are boys. The girl is married, the elder son of is Bhushan and the younger boy is Akshay, both are unmarried. About 5-6 years ago Rahul and Arun Pratap, sons of Ajab Singh who are my nephew in the relation, together attacked my son Akshay, in which he was shot in the eye, for which we filed a case against them in Sadar Ballabgarh police station, for which the court had convicted Rahul and Arun Pratap and sentenced them for a seven years imprisonment, are presently out on bail from the High Court. On 25/05/2020, Saroj’s son Hukam Singh, who is my uncle’s son in the relation, with whom my son Akshay had a fight, for which Deepak son of Sooraj had filed a case for my son Akshay was out on bail. Rahul, Arun Pratap son of Ajab Singh, Deepak son of Sooraj, Hempal son of Satpal kept keen enimity about things like these and used to say, that “because of you we got punished and you injured Saroj and damaged his leg therefore we will take revenge from you.” Yesterday on 30/10/2020, my son Akshay did not come home even till 10:20 pm, so I called from my phone no 9971458376 on Akshay’s phone no 9643770102, then he told me that I am coming home, but when he did not come even after half an hour, then I left my house in order to search for my son and walked towards village pond. That when I reached near the transformer, I saw that my son Akshay was being hit badly with brick, stones together by Rahul, Arun Pratap son of Ajab Singh, Deepak son of Sooraj, Hempal son of Satpal, Vijay Pal son of Hukam Singh and Akash son of Vijaypal, all residents of Machgar. When I started shouting, my nephew Robin son of Shyam Sundar also came there. So all the people mentioned above ran away leaving my son lying on the ground. When I saw my son Akshay, his head was broken and was lying unconscious covered in blood. His hands and legs were injured. I and Robin took him to Sarvodaya Hospital for treatment. Where the doctors checked my son Akshay and declared him dead. All the culprits who wanted to get my son Akshay punished from court, have killed him by hitting him in the head and body with bricks, sticks and stones. Legal action should be taken against him.

On 30.10.2020, INSP/SHO Subhash Kumar, SI Rajkumar, Constable Pradeep 3956, Driver constable Narendra 1191 were present at checking domination NAKA IMT chauk, where they got the information that Akshay son of Chander Pal Resident Gaon Macchgar have died in a fight and the body is in sarvodya hospital. IO was sent for investigation where investigator Shubhash Kumar station sector 7 reached where Akshay was found dead then he reached Sarvodya hospital where the dead body of Akshay was kept in the morchery. After waiting for some time father of the dead, Chandrapal came and gave a written request (abovementioned) and section 148, 149