MITHU SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) Mithu Singh petitioner through this petition filed under the provisions of section 482 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code, seeks quashment of the order dated 27.11.1987 of the trial court (Annexure P. I) summoning the petitioner on a complaint of Mst. Harbans Kaur complainant to face trial for offence under Section 364 and 302 read with section 34, Indian Penal Code, regarding the murder of Jassa Singh. The petitioner also seeks the quashment of the order dated 4.7.1988 of the learned Additional Sessions Judge, Sirsa (Annexure P.3) rejecting his revision petition directed against the above referred order of the trial court.

(2.) The brief resume of facts relevant for the disposal of this petition is that Jassa Singh deceased used to induge in the distillation and sale of illicit liquor. This fact was resented by Avtar Singh and Buta Singh, co-accused of the petitioner, as this had dwindled the sale of country made liquor at their liquor yen. These two accused-persons got some cases registered against Jassa Singh for the distillation of illicit liquor. With this background, on 28.8.1984 at about 2 P.M. Mithu Singh accused-petitioner took Jassa Singh from his house in, the presence of the complainant. Jassa Singh failed to return to his house on which the complainant enquired from Mithu Singh accused about his where abouts. The latter failed to give any satisfactory explanation. On 29.8.1984 at about 7/8 P.M. the complainant learnt from Mukhtiar Singh that Jassa Singh and Mithu Singh were taking liquor in the premises of Government School. She then went there and asked Jassa Singh to return to the house but the latter informed her that he will return to the house later on. Jassa Singh failed to return to the house on that day. The complainant then started searching her husband Jsssa Singh and enquired his whereabouts from Mithu Singh accused petitioner who apprised her that the correct whereabouts of Jassa Singh were known to Avtar Singh and Buta Singh co-accused. The complainant then along with her brother-in law contacted Avtar Singh and Buta Singh who apprised them that Jassa Singh will not return to his house as he had been taught a lesson for indulging in illegal activities. The complainant then went to police station for loding the report but no effective action was taken except getting her thumb impression on a blank paper. The complainant, however, continued searching for her husband and during that process went to village Bhagwanpura where Mukhtiar Singh P.W. met her and apprised that on the previous evening he had seen Jassa Singh in the company of Mithu Singh accused-petitioner and his coaccused Avtar Singh and Buta Singh and Jassa Singh seemed to be frigtened. The dead body of Jassa Singh was recovered from a well in village Bhagwanpur a located in the jurisdiction of P.S. Sardulgarh. The dead body was got subjected to postmortem examination. Due to advanced stage of putrefaction, the sex of the dead body and cause of death could not be ascertained. The viscera and other organs of the dead body including bones etc. were sent to the Forensic Science Laboratory where it was found that the dead body belonged to a male person and that the cause of death was cut fracture of the occipital bone. In the meanwhile, Avtar Singh and Buta Singh coaccused of the petitioner contacted Ajmer Singh of village Sainewal and confessed that they along with Mithu Singh had killed Jassa Singh on account of previous enmity and that he should help then in prevailing upon his relation Harbans Kaur complainant in not pursuing the case against them. Under these circumstances the complainant filed the complaint on 4.1.1985 before the Judicial Magistrate, Sirsa for offences under Sections 364, 302/34, Indian Penal Code. The Judicial Magistrate summoned the above three accused including Mithu Singh vide impugned order Annexure P.1 to face trial for the above referred offences. The revision petition filed by Mithu Singh was dismissed by the Additional Sessions Judge, Sirsa vide Annexure P.3.

(3.) Mithu Singh petitioner seeks the quashment of the above-referred orders, inter alia, on the round that there was no reliable evidence against him to connect with the murder of Jassa Singh and that the police did register a case against him vide F.I.R. No. 301 dated 14.9.1984 at P.S. Bada Gurdha for offence under section 364 Indian Penal Code but he was discharged by the Judicial magistrate vide order dated 2.4.1986. In the return filed by the complainant, it is maintained that Mithu Singh accused was not discharged in the case registered vide F.I.R. No. 301 dated 14.9.1984 on merits but on the ground that the complainant is not interested in producing evidence in this case because she has already filed a complaint against Mithu. Singh and others regarding the same offence. It is further averred that in view of the circumstantial evidence against Mithu Singh. It cannot be said that even if the entire allegations in the complaint and the evidence led by the complainant are taken to be true, no case is made out for sustaining the summoning order of the accused.