Punjab-Haryana High Court
Karambir Singh Alais Kimmy And Another vs State Of Bihar Wherein Apex on 11 April, 2013
Author: Paramjeet Singh
Bench: Paramjeet Singh
Crl. Revision No.1249 of 2013 (O&M) -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Revision No.1249 of 2013 (O&M)
Date of decision: April 11, 2013.
Karambir Singh alais Kimmy and another
... Petitioner(s)
v.
State of Punjab and others
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Shri Anil Kumar Garg, Advocate, for the petitioners.
Paramjeet Singh, J. (Oral):
Instant petition has been filed challenging the order dated 7.11.2012 whereby the petitioners have been summoned as additional accused under Section 319 Cr.P.C. Before the trial court, complainant PW1 and injured witness PW2 Rudra Sharma alias Gunjan appeared and specifically levelled allegations against the petitioners. Taking into consideration the fact that the injuries have been attributed by the injured who is a stamp witness, the trial court, after finding that there is sufficient evidence, has summoned the petitioners. It would be relevant to reproduce the para 3 of the impugned judgment which reads as under:-
"3. Rudra Sharma alias Gunjan while appearing as PW2 stated that Nirmal Singh armed with double barrel gun, Pappu alias Sukhjit Singh armed with double barrel gun, Simran alias Satti armed with Kirch, Babbu armed with Kirpan, Rockey alias Rupinder Singh armed with Kirpan, Sandeep armed with Crl. Revision No.1249 of 2013 (O&M) -: 2 :- Kirpan, Timmy alias Tanvir Singh and Kimmy alias Karanvir Singh armed with Kirpans, Sony armed with baseball bat were part of the crowd. All of them came and encircled him. Pappu alias Sukhjit and Nirmal Singh gave a lalkara. Simran armed with kirch gave a kirpan blow which landed on the front side of his left shoulder. Rocky gave kirpan blow on the left of his lower back. Kimmy alias Karamvir gave a kirpan blow on the left side of his chest. Sandeep gave a kirpan blow on the left side of his back. Timmy gave a kirpan blow on the left side of his back. Satti gave a kirpan blow which hit on his back and which kirpan piercing his body went inside. His brother Rishi Sharma came to his rescue and Sony, Kala and Gaurav along with two other persons caught hold of him and gave him beatings. Learned Addl. PP has relied upon 2007(5) Law Herald (SC) 3476 Guriya vs. State of Bihar wherein Apex Court was pleased to observe that a person even though had initially been named in the FIR as an accused, but not charge sheeted can also be added to face trial. It was also observed that trial court can add such persons as an accused only on the basis of evidence adduced before it and not on the basis of material available in the charge sheet or the case diary. The proposition of law laid down in the above noted authority is not disputed, but it is to be seen whether the persons sought to be summoned under Section 319 Cr.P.C. participated in inflicting injuries on the person of Rudra Sharma alias Gunjan. Crl. Revision No.1249 of 2013 (O&M) -: 3 :- Perusal of statement of complainant made before the police and the statement of injured Rudra Sharma alias Gunjan made in the court goes to show that names of all these persons sought to be summoned and their specific attribution have been mentioned. Therefore, I find sufficient grounds to proceed against accused Sukhjit Singh, Nirmal Singh, Simran Singh, Rupinder Singh alias Rocky, Karanbir Singh alias Kimmi, Taranbir Singh alias Timmi, Sandeep Sharma, Kala, Gaurav Verma and Gurdeep Singh alais Soni for offences under Sections 341, 323, 324, 307, 506, 201 read with Section 34 IPC to which remaining accused Satpreet Singh alias Satti and Malkiat Singh are facing trial in this case. Accordingly the application under Section 319 Cr.P.C. stands allowed and the persons mentioned above are ordered to be summoned to face trial along with the other accused already facing trial in this case for 28.1.2013."
Keeping in view the finding and the fact that the petitioners were armed with kirpans and there was unlawful assembly, no ground is made out for interference.
Dismissed.
[ Paramjeet Singh ] April 11, 2013. Judge kadyan