PRITAM SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The second-respondent- Natha Singh lodged a complaint against the petitioner - Pritam Singh and two others under sections 302, 120-B and 34 Indian Penal Code before the Judicial Magistrate 1st Class, Malerkotla (Complaint No. 33 of 10.11.1995). The material allegations found therein are as follows:

(2.) Santa Singh, Chand Singh, Jangir Singh, Amar Singh and Sarwan Singh are brothers. Complainant-Natha Singh is the son of above said Chand Singh, while Pritam Singh (Petitioner-herein) is the son of the above said Santa Singh. Sarwan Singh was unmarried and issueless. He was killed by the petitioners and his co-accused. Sarwan Singh had some lands. Petitioner-Pritam Singh was seen by Gurdev Singh purchasing insecticides from a shop. When Gurdev Singh asked him as to why he was purchasing this, Pritam Singh told him that he will tell him about the purchase later on. Petitioner-Pritam Singh also told Gurdev Singh that Sarwan Singh was to give land to the accused. The accused have got executed a Will regarding the land of Sarwan Singh in their favour forcibly, but still they had no confidence in Sarwan Singh as to whether he will give the land to the accused or not.

(3.) On the night between 10/11.7.1993 at about 7/8 p.m. the complainant, his son-Gurdip Singh and Gurdev Singh were present in their house. Sarwan Singh called complainant-Natha Singh. When Natha Singh, his son Gurdip Singh and his friend Kartar Singh reached near deceased-Sarwan Singh, he told that accused had given him something else instead of medicine. Sarwan Singh apprehended that the accused had given him poison instead of medicine, and asked complainant-Natha Singh to take him to the Hospital. Since Sarwan Singh was detained in a room and the door of the room was closed by the accused, complainant-Natha Singh was helpless, and could not take Sarwan Singh to the Hospital. On 11.7.1993, the complainant came to know that Sarwan Singh had died. The complainant went to the police Post Kalyan and gave a report, on which F.I.R. No. 84 dated 31.12.1993 was registered. A.S.I. Tarsem Lal reached the spot and took the body of Sarwan Singh to Civil Hospital, Malerkotla, where post-mortem examination was done. The report of the chemical examiner showed that Sarwan Singh had died due to poison. But, the police did not take any action. On the basis of the complaint, after examination of the witnesses, the learned Judicial Magistrate 1st Class, Malrekotla, observed that there are grounds to proceed against the accused under sections 302/120-B, and 34 Indian Penal Code and, therefore, summoned the petitioner and others by issuing available warrants.