CRR No. M-2856 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Revision No.2856 of 2009 (O&M) Date of decision: 05.11.2009 Gurdip Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mohd. Yousaf, Advocate, for the petitioner. Rajan Gupta, J (oral) This is a revision petition impugning order dated 12th October, 2009, whereby application moved by the prosecution for summoning additional accused under Section 319 Cr.P.C. was allowed by Additional Sessions Judge/Fast Track Court (Adhoc), Patiala. Learned counsel for the petitioner has argued that the impugned order has been passed without any cogent reason being assigned by the trial court for summoning the additional accused. According to him, evidence on record is not sufficient for the purpose of invoking the power under Section 319 Cr.P.C. I have heard learned counsel for the petitioner and perused the record annexed with the petition. It appears that during the course of trial, one injured witness Harchand Singh was examined by the prosecution. The present application was moved after the cross-examination of the said witness CRR No. M-2856 of 2009 2 was complete. Harchand Singh deposed that on 25th April, 2009, he alongwith his sister Harpal Kaur and nephew Sukhdeep Singh reached the Bus Stand, Rajpura at about 7.00 P.M. They were standing at the bus stand, when Gurjant Singh and Gurdip Singh (petitioner) alongwith four other persons came there. Gurjant Singh was armed with a pistol while Gurdip Singh was armed with a sharp-edged weapon (Datt). Gurjant Singh took out the pistol and fired at Sukhdeep Singh. The bullet hit Sukhdeep Singh on his back. When Harchand Singh tried to rescue Sukhdeep Singh, Gurdip Singh gave dattar blows hitting Harchand Singh on his head, arms, neck and abdomen. Other persons gave fist and kick blows to Harpal Kaur, sister of Harchand Singh. Gurdip Singh petitioner also inflicted injury on left wrist of Harpal Kaur. When they raised alarm, people gathered there at the spot and caught hold of Gurjant Singh. All the injured were taken to A.P. Jain Hospital but later were referred to PGIMER, Chandigarh. Statement of Harchand Singh was recorded at PGIMER, Chandigarh. Harchand while appearing as PW2 before the trial court, has categorically deposed that Gurdeep Singh (petitioner herein) was having Datt and he gave Datt blow to Harpal Kaur hitting on her left wrist. The trial court after examining the evidence of Harchand Singh coupled with statement of another injured eye-witness Sukhdeep Singh, came to the conclusion that petitioner needed to be summoned to face trial for commission of offence under Section 307 IPC. In my considered view, the trial court rightly arrived at the aforesaid CRR No. M-2856 of 2009 3 conclusion. The evidence of two injured eye-witnesses, particularly, Harchand Singh, who had been cross-examined at length, show that there is sufficient evidence on record for the purposes of summoning the petitioner under Section 319 Cr.P.C. to face trial. Learned counsel for the petitioner has not been able to point out any legal infirmity with the impugned order. He has not been able to point out any ground to show that the exercise of power by the trial court under Section 319 Cr.P.C. is not within the parameters as laid down in various judgments. I, thus, find no ground to interfere in the impugned order. The petition is devoid of merit. The same is hereby dismissed. (RAJAN GUPTA) JUDGE November 05, 2009 'rajpal'