BACHITTAR SINGH Vs. INDERJIT SINGH

JUDGEMENT

(1.) This is a criminal revision by Shri Bachhittar singh, a private party and brother of the deceased Manjit Singh, against. acquittal of Inderjit Singh, Som Nath, Jit Singh, Manmohan Singh and Prithipal Singh by Shri P.L. Singla, Addl. Sessions Judge, Delhi by his order dated 27th November, 1976 for various charges like 302/452/147/148/149 IPC and also against acquittal of Inderjit Singh on the charge u/s. 25 of the Arms Act.

(2.) The occurrence in the present case is stated to be an offshoot of election rivalry arising out of the election for Gurdwara Prabandhak Committee which was held in Delhi on 30th March, 1975. The complainant-petitioner Bachittar Singh and Bawa Narain Singh and another were candidate in Ward No.44. On 31st March,1975,the result of the election was declared and Bawa Narain Singh was declared elected. The supporters of Bawa Narain Singh took out a procession to celebrate his success. The supporters yelled in front of the residence of Bachittar Singh and also allegedly threatened Bachittar Singh with death. Bachittar Singh went to the police station Patel Nagar along with Barkat Punjabi and Amrik Singh. All the three of them were sitting with the S.H.O. when a telephonic call was received and the S.H.O. talked the caller that Bachittar Singh was with him and was complaining against Indri (Inderjit Singh) who should be asked to restrain himself. There after, Bachittar Singh and Amrik Singh returned to the house of Bachittar Singh while Barkat Punjabi went away. When they returned to the house, Bhagat Singh, who is Bachittar Singh's mother's sisters's son. (P.W.9) Jaswant Singh (P.W.7) and Amarjit Singh (P.W.5) as well as Manjit Singh were already present there.

(3.) It is then alleged that at about 9.15 P.M. Inderjit Singh, Prithipal Singh and Jit Singh accompanied by two or three unknown persons went to the house of Bachittar Singh. They are alleged to have thrown soda water bottles whereupon Manjit Singh came out of the house out of curiosity when he was caught hold by Prithipal Singh and Jit Singh and stabbed by Inderjit Singh. After stabbing, Inderjit Singh threw the dagger on the roadside but he was allegedly overpowered by public and belaboured with lathis, Manjit Singh fell unconscious and Inderjit Singh was caught hold of by the public. The remaining accused an from the spot to the house of Prithipal Singh thapper and were followed by Bachittar Singh and other people of the public.