MOHINDER SINGH Vs. MAL SINGH

JUDGEMENT

(1.) This order will dispose of Cr.M.(M) 24 of 1983 and Cr.M.(M) 75 of 1983.

(2.) The brief facts are that Mohinder Singh's daughter, Pramjit Kaurwas married to Paramjit Singh son of Mal Singh. But Mal Siagh and his two sons were annoyed with her because of insufficient dowry. Sometime after this marriage, the marriage of Baijit Singh son of Babu Singh a nephew of Mohinder Singh took place in Fazilka on 31-10-1982 which was attended by Paramjit Singh, s/o Mal Singh. The marriage party returned on 1-11-1982. Mohinder Singh had come from his village in Punjab to the house of Babu Singh in Ashok Vihar in connection with the said marriage. The accused persons, namely Mal Singh and his two sons Swaran Singh and Sikandar Singh came there at 11.15 a.m. and complained to Mohinder Singh that he had not given appropriate dowry and that at his instance Paramjit Singh attended the marriage of Babu Singh's son, much against wishes of Mal Singh. The three accused then attacked Mohinder Singh. Karak Singh and Chanchal Singh intervened. Mal Singh said that they too would be done to death and immediately started firing his rifle as a result of which Karak Singh fell dead on the spot. Chanchal Singh was attacked by Sikandar Singh with a Khukri and Malkiyat Singh by Swaran Singh with a pole axe. A case under sec. 302 IPC was registered against them.

(3.) The learded Addl. Sessions Judge Mr. G.S. Dhaka by his order dated 7-1-1983 held that though there was no intention to cause the death of Kharak Singh nor was he a target nor was any threat given to him and, therefore, enlarged them on bail bonds in the amount of Rs. 10,000.00 . On 12-1-1983 the complainant Mohinder Singh and the injured Chanchal Singh and Smt. Baijit Kaur widow of Kharak Singh moved an application for cancellation of the aforesaid bail. On 28-1-1983 the Delhi Administration has also moved a similar application. Since then challan has been filed and charges have been framed against the accused.