RAJA SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is directed against the order of the learned 1st Additional Sessions Judge Ferozepur, dated 4th August, 1980, whereby the petitioner was charged under section 307 read with section 34, Indian Penal Code, while his co -accused Jagjit Singh alias Jit Singh was charged under Section 307, Indian Penal Code and Raja Singh co -accused was charged under Section 307 read with section 34, Indian Penal Code.

(2.) ACCORDING to the prosecution allegations on 30th December, 1979, at about 4.30 p.m., the inhabitants of Basti Nazmudin gathered near the railway level crossing for deliberations as to whom they should vote for the ensuing parliamentary elections. Inder Singh injured and Amer Singh and Kehar Singh (P.Ws.) of the complainant party were also present there alongwith some other persons. The petitioner alongwith two others also came there and asked Inder Singh injured as to in whose favour he would cast his vote. When Inder Singh replied that he was free to cast his vote in favour of any candidate he liked, the petitioner and his -co -accused got enraged and started abusing Inder Singh. When Inder Singh tried to dissuade them, Jagjit Singh alias Jit Singh, co -accused gave a knife blow hitting him on the chest 6 cm, below and medial to the left nipple. Puran Singh co -accused caught hold of Inder Singh from his long hair and made him fall on the ground and Jagjit Singh alias Jit Singh co -accused then gave more knife blows to Inder Singh. Puran Singh co -accused also gave him fist and leg blows. Amar Singh and Kehar Singh, who witnessed the occurrence raised an alarm after which the petitioner along with the co -accused made good their escape.

(3.) ACCORDINGLY this petition is allowed and the order of the learned Additional Sessions Judge is set aside and it is directed that he will apply his judicial mind under section 228(1) of the Code of Criminal Procedure Code and proceed with the matter in accordance with law in the light of my aforesaid observations.