IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1523 of 2009 (O/M). Date of Decision : July 01, 2009. Ram Niwas son of Shri Ram Chander r/o Village Nangal Police Station Ateli, Tehsil Narnaul, District Mahendergarh (Hr.). ...... Petitioner. Versus. Laxmi Narain son of Shri Surjit r/o Village Nangal, Tehsil Narnaul (P.S. Ateli) District Mahendergarh (Hr.), and others. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Gorakh Nath, Advocate, for the petitioner. AUGUSTINE GEORGE MASIH, J. Prayer in the present writ petition is for setting aside impugned order dated 17.04.2009, passed by the Sessions Judge, Narnaul, vide which application moved by the prosecution under Section 319 Cr.P.C. for summoning Laxmi Narain and Raghbir as additional accused in Sessions Case No. 22 of 2008, relating to F.I.R. No. 155, dated 25.08.2008, has been rejected. Counsel for the petitioner contends that in the F.I.R., the complainant has clearly asserted that beside Anil and Bhim Singh, Laxmi Narain and Raghbir were also present at the spot, where the injuries were Crl. Revision No. 1523 of 2009. inflicted upon Satyabir (since deceased) and all four of them left the place threatening the complainant and his companion. However, Ram Niwas- complainant, who appeared as P.W.1, in his statement clarified that Laxmi Narain was present at the spot and armed with Kulhadi and Raghbir was carrying a lathi and in addition to Anil and Bhim Singh, these two persons also caused injuries to the deceased with their respective weapons. He submits that on the basis of statement of Ram Niwas-P.W.1, an application under Section 319 Cr.P.C. was moved by the prosecution for summoning the two i.e. Laxmi Narain and Raghbir as accused. He submits that the trial court has erred in rejecting the application, moved by the prosecution. I have heard learned counsel for the petitioner and have gone through the impugned order dated 17.04.2009, passed by the Sessions Judge, Narnaul. F.I.R. No. 155, dated 25.08.2008 was registered on an application moved by Ram Niwas before the police. On the basis of the said application, which has been exhibited as Ex. P.A. before the trial court. The said document shows that accused Anil was armed with an iron rod whereas accused Bhim Singh had a lathi with him. Laxmi Narain and Raghbir were also present at the spot but it has not been mentioned that they were carrying any weapon. Anil and Bhim Singh have been attributed the injuries caused to Satyabir (deceased) with their respective weapons. No active roles have been attributed to Laxmi Narain and Raghbir in the application, which ultimately was recorded as an F.I.R. except that they had threatened the complainant and his companion. All four of them are stated to have run away after the incident and it is further mentioned therein that Anil and Bhim Singh took away their respective weapons with them. This -2- Crl. Revision No. 1523 of 2009. clearly indicates that Laxmi Narain and Raghbir, although, are stated to be present on the spot but were not carrying any weapon with them and nor was any injury attributed to them in the incidence. The statement given by Ram Niwas- P.W.1., which has been relied upon by the prosecution for moving an application under Section 319 Cr.P.C. is apparently improvements made by the witness while appearing before the Court to make his statement. Because of the contradictory version set up in the F.I.R. and the statement now given by the witness in the Court, the Court has rightly found that there is no sufficient material on the file for summoning the two persons, namely, Laxmi Narain and Raghbir under Section 319 Cr.P.C. Finding no illegality in the order dated 17.04.2009, passed by the Sessions Judge, Narnaul, the present petition is ordered to be dismissed. (AUGUSTINE GEORGE MASIH) JUDGE July 01, 2009. sjks. -3-