IMPORTANT POINT
Summoning of additional accused for facing trial – What is essential for exercise of power under Section 319 Cr.P.C. is that evidence on record must show involvement of a person in commission of a crime.

JUDGMENT :

DIPANKAR DATTA, J.

1. This criminal appeal arises out of Special Leave Petition (Criminal) No. 10653 of 2024, which is at the instance of Satbir Singh,¹[the appellant]. Under challenge therein is the judgment and order dated 7th March, 2024,²[impugned order] passed by a learned Judge of the High Court of Punjab and Haryana at Chandigarh. Vide the impugned order, while allowing a revisional application,³[CRR-1357-2021 (O&M)] filed by Rajesh Kumar, Sagar @ Bittoo, Niraj and Ankit (respondents in the said special leave petition), the High Court set aside an order dated 13th September, 2021 passed by the Additional Sessions Judge, Karnal,⁴[Sessions Judge]. The Sessions Judge, by the order impugned in the revisional application, had allowed an application under Section 319 of the Code of Criminal Procedure, 1973,⁵[Cr. PC] filed by the appellant, seeking to summon Rajesh Kumar, Sagar @ Bittoo, Niraj and Ankit as additional accused for facing trial along with the principal accused,⁶[Mukesh], for commission of offences punishable under Sections 323, 324, 307 and 506 of the Indian Penal Code, 1860,⁷[IPC] read with Section 34 thereof as well as Section 25 of the Arms Act.

2. Notice on the said special leave petition was issued on 13th August, 2024, limited to the respondents 1 and 3 (Rajesh Kumar and Neeraj, respectively). For the reasons recorded in such order, the special leave petition against the respondents 2 and 4 (Sagar @ Bittoo and Ankit, respectively) stood dismissed.

3. The appellant has since obtained special leave to appeal. He questions the legality and correctness of the impugned order.

4. Service of notice on Rajesh Kumar and Neeraj having been effected, they entered appearance and are represented by Mr. Gagan Gupta, senior learned counsel. The appellant is represented by Mr. Neeraj Kumar Jain, learned senior counsel. We have heard both of them and perused the materials on record.

5. We have also heard learned counsel appearing for the respondent no. 5- State of Haryana and perused the counter affidavit filed on its behalf.

6. Briefly put, the facts of the case are that on 09.02.2020 an information was received in P.S. Sadar, Karnal that accused Mukesh and the appellant, residents of village Rasulpur Khurd, District Karnal, were admitted in Civil Hospital, Karnal and Ram Chander Memorial Hospital, Karnal, respectively, due to injuries received in an assault. The police officials of P.S. Sadar, Karnal made abortive attempts to record the statements of the injured on 09.02.2020 and 10.02.2020, since the injured were not in a position to give statements. On 12.02.2020, Mukesh stood discharged, whereas the appellant continued to be unfit. The Investigating Officer recorded the statement of Mukesh. Based on Mukesh’s statement, a First Information Report came to be registered. During the course of investigation, X-Ray report relating to injuries of Mukesh was obtained, in which a fracture was reported. Medical opinion was also obtained, which did not rule out the possibility of such injuries being self-suffered. The Investigating Officer reached a conclusion that the allegations of Mukesh against the appellant were not substantiated and, ultimately, submitted a closure report.

7. The appellant having regained consciousness on 14.02.2020 and certified by the attending doctor to be fit, his statement was recorded. The appellant disclosed that he was serving in the Indian Army and had come to his village on leave. On 09.02.2020 at about 2.30 p.m., while playing volleyball, an altercation had taken place with Mukesh who was playing for the opposite team. Mukesh started slapping the appellant. Team members pacified and separated them. However, Mukesh left threatening that the appellant would be taught a lesson. After 15 minutes, Mukesh came armed with a knife, accompanied by Neeraj, Sagar @ Bittoo, and Ankit armed with lathi, danda, etc. Neeraj caught hold of the appellant and Mukesh gave a knife blow in the waist of the appellan