JARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) On an application filed by respondent No. 2 (complainant) under Section 319 of the Code of Criminal Procedure (Code), the petitioners, in terms of the orders passed by Additional Sessions Judge, Karnal, have been summoned to face trial in Sessions Case No. 167 of 1999 for the offence under Sections 148, 302, 307 read with Section 149 of the Indian Penal Code (IPC). The order has been upheld by the High Court and the criminal revision petitions have been dismissed. The order of the High Court is under challenge in these petitions.

(2.) In nutshell, the case set up by respondent No. 2, son of the deceased, in complaint is that on 8th October, 1998, the accused armed with weapons came to the disputed land and tried to stop him and his brother from ploughing the land by standing in front of their tractor. A shot fired hit the deceased Gurcharan Singh who fell down and died. When respondent No. 2 and his brother went to the Police Station they found the accused already present with the Police. The Police did not listen to them. They also went to hospital but hospital authorities refused to conduct the medical examination saying that it was a Police case and medical examination could be done at the instance of Police. The medical examination of his brother Baljinder Singh was conducted on 9th October, 1998 after an order was obtained from the Court. The Police instead of registering the case against the accused, with a view to help them, registered a false case against the complainant and others under Sections 302/147/148/149/447, IPC on 9th October, 1998 on the basis of the statement of one Mohabbat Singh - resident of Rame village. However, on 14th October, 1998, a case against the petitioners and three others was registered under Section 302/307, IPC. Since the Police did not Challan Mohabbat Singh and Bhira Singh, a complaint was filed by respondent No. 2 on 27th November, 1998 against seven persons including the petitioners and others against whom FIR had been registered on 14th October, 1998 and other two persons who had been left out, namely, Mohabbat Singh and Bhira Singh. The Magistrate directed summoning of Mohabbat Singh and Bhira Singh as respondent No. 2 on 21st July, 1999 stated before the Magistrate that he did not wish to pursue the complaint against the petitioners and three others as they had already been charged by the Police under Section 302, IPC in the case registered against them on 14th October, 1998. The complaint case was committed to the Court of Sessions against Mohabbat Singh and Bhira Singh. It is in this case that now the petitioners have been summoned by learned Additional Sessions Judge whose order has been upheld by the High Court.

(3.) The question for determination is as to the applicability of Section 319 of the Code, under the aforesaid facts and circumstances, to the petitioners who are already accused in a Police case in respect of the same occurrence. It cannot be disputed that the version of occurrence in the complaint case that has been committed to Sessions is materially different than the version in Police case. In order to appreciate the rival contentions, it would be useful to reproduce Section 319 of the Code which reads as under: