Full Judgment
In the High Court of Punjab and Haryana at Chandigarh .....Criminal Revision No.3958 of 2013 (O&M) ....Date of decision:14.1.2014 Munni Devi ...Petitioner v.
State of Haryana and others ...Respondents ...Coram: Hon'ble Mr.Justice Inderjit Singh ....Present: Mr.Arun Yadav, Advocate for the petitioner....Inderjit Singh, J.
Munni Devi-petitioner has filed this criminal revision petition under Section 401 Cr.P.C.against State of Haryana, Lal Chand and Baljeet (respondents) challenging the interim order dated 2.12.2013 passed by learned Additional Sessions Judge, Rewari vide which application filed under Section 319 Cr.P.C.by complainant-Munni Devi has been dismissed.
It is stated in the petition that the trial Court has gravely erred while dismissing the application of the petitioner for summoning the additional accused under Section 319 Cr.P.C.The complainant (petitioner herein) has made a complaint against the accused including respondents No.2 and 3 on which FIR No.89 dated 14.5.2013 for the offences under Sections 323, 325, 307 and 34 IPC was registered at Police Station Bawal Parmar Harpal Singh 2014.01.29 16:29 I attest to the accuracy and integrity of this document Chandigarh Cr.
Revision No.3958 of 2013 (O&M) [2].against Lal Chand, Tara Chand, Baljeet and Priyanka, but without proper investigation, challan has been presented only against Tara Chand and Priyanka.
Munni Devi while appearing in witness box as PW-1 has specifically named both Lal Chand and Baljeet and also stated about specific role played by them in the incident.
The learned Court below vide order dated 2.12.2013 dismissed the application filed under Section 319 Cr.P.C.At the time of arguments, learned counsel for the petitioner argued that Lal Chand gave a `Lathi' blow and all the accused named in the FIR were having their weapons in their hands and had given blows to Munni Devi by their respective weapons and the learned Additional Sessions Judge, while wrongly interpreting the facts, has dismissed the application.
I have heard learned counsel for the petitioner and have gone through the record.
As per the prosecution version, no injury is attributed to respondent-Baljeet.
Only injury attributed to Lal Chand is with `Lathi' to Munni Devi.
As per MLR, there is only one injury on the skull of the complainant (petitioner) and no other injury is there as per the MLR and the injury as per FIR stated to be given by Lal Chand is not supported and corroborated by medical evidence.
It is also held in the impugned order that PW-1 Munni Devi has also made oral improvements while appearing in the Court.
As per the FIR, Lal Chand gave `Lathi' blow to Munni Devi Parmar Harpal Singh 2014.01.29 16:29 I attest to the accuracy and integrity of this document Chandigarh Cr.
Revision No.3958 of 2013 (O&M) [3].on her back and on her hand.
There is no such injury in the MLR, as per the FIR, attributed to Lal Chand.
Similarly, general allegations are there in the FIR against Baljeet that he also inflicted injuries.
No such injury was found on the person of the complainant.
Therefore, it is clear from the record that the injuries attributed to Lal Chand and Baljeet are not found in the MLR.
The medical evidence is not supporting the ocular version regarding the injuries.
The injury as per MLR on the skull is attributed to the accused, who has already been challaned.
I have gone through the order passed by the learned Additional Sessions Judge, which is correct and as per law.
No illegality has been committed while passing this order by the learned Additional Sessions Judge.
The mere fact that PW-1 while appearing in the Court has deposed regarding injuries given to her, alone is insufficient to summon respondents No.2 and 3, namely, Lal Chand and Baljeet for facing trial along with the accused challaned specially when the oral statement is not corroborated by medical evidence.
Therefore, from the record, I find that no illegality has been committed by the learned Additional Sessions Judge.
Therefore, finding no merit in this petition, the same is dismissed.
January 14, 2014.
(Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2014.01.29 16:29 I attest to the accuracy and integrity of this document Chandigarh