IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Rev.876 of 2008 DATE OF DECISION : SEPTEMBER 17, 2008 KAMAL DUTT & ANR. ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. RM Singh, Advocate, for the petitioner(s). Mr. Narender Sura, AAG, Haryana. Mr. Sandeep Chhabra, Advocate, for the complainant. AJAI LAMBA, J. (Oral) Challenge in this petition is to order dated 22.4.2008, passed by the Additional Sessions Judge, Faridabad, whereby while exercising jurisdiction under Section 319, Code of Criminal Procedure, the petitioners have been summoned as additional accused. The relevant consideration is contained in para-9 of the impugned order, which reads as under:- “9. The post mortem report manifests that the deceased was having one incised wound in the chest, two incised wounds in the ribs and two incised wounds on scalp of fronto parietal area. These injuries were apparently caused with sharp weapon. The medicolegal report of Bhagwanti reveal that she had sustained two injuries in left hand caused with blunt weapon, one small abrasion on right side of neck and an injury Criminal Rev.876 of 2008 2 in left arm just above elbow joint caused with sharp weapon. She was also found complaining of pain in right side incisor tooth which was bleeding and was found slightly loose. Conjuctural haemorrhage in her right eye was also noticed. Yadram PW has deposed that Kamal and Deva had caused injuries with knife to the deceased and his mother Bhagwanti while an injury to Bhagwanti was caused with danda even by accused Saheb. Presence on the person of victims of such injuries which were caused with sharp edged weapon and blunt weapon corroborates his version. The occurrence took place inside the house of deceased. It is somewhat not possible that only one assailant took risk of challenging the victims in their house. This fact coupled with the number of injuries and nature of weapons to a considerable extent suggest involvement of more than one assailant in the commission of the crime. Considering the case from this perspective, Yadram's evidence in the wake of medical evidence collected during investigation unfolds a reasonable prospect about involvement of Kamal and Saheb Singh in the crime.” On a consideration of the issue, I find that the court has taken into account the fact that the deceased and the injured had received injuries with sharp edged weapon as also blunt weapon. The deceased was having sharp edged weapon injury. Bhagwanti had received two injuries with blunt weapon on her left hand; one abrasion on the right side of neck and an injury on left arm, just above elbow joint, caused with sharp edged weapon. She was also complaining of pain in the right side incisor tooth. Yadram, who had appeared as a prosecution witness, had deposed that Kamal (petitioner No.1) and Deva had caused injuries with Criminal Rev.876 of 2008 3 knife to the deceased while while injuries on the person of Bhagwanti were caused by Sahab (petitioner No.2). When the matter is considered, I find that the trial court has taken into account various parameters that need to be considered while exercising jurisdiction under Section 319, Code of Criminal Procedure. No ground for interference is made out. The petition is dismissed. September 17, 2008 ( AJAI LAMBA ) Kang JUDGE