LACHHMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LACHHMAN Singh and others have come up in this revision petition for setting aside the order dated May 3, 1991 passed by Additional Sessions Judge, Ludhiana.

(2.) THE State has instituted a report under Section 173 against the petitioners with respect to two occurrences. It is alleged that on 21.9.90 Gurdial Singh, Paramjit Singh and Darshan Singh had gone to their fields to take a round of the same and examine the growing paddy crop which was ready for being harvested. They started for their return journey by two scooters. Darshan Singh was alone on the scooter and was going ahead of Paramjit Singh and Gurdial Singh, who were on the other scooter. When they reached bus adda, Talwara, Lachhman Singh, Kaka Singh and Rasham Singh armed with Soties, Wazir Singh armed with Dah were found standing near a room at the bus adda. Lachhman Singh raised a Lalkara that Darshan Singh be surrounded and be not allowed to go back alive. Darshan Singh turned his scooter towards kacha path leading to the electric motor of Ujagar Singh, but all the four aforesaid persons ran after him. At some distance, scooter of Darshan Singh slipped and he fell down and he then started running towards the electric motor. All the aforesaid persons, however, surrounded him and felled him in the paddy crop of Ujagar Singh and within the sight of Paramjit Singh and Gurdial Singh, they caused injuries to Darshan Singh, Paramjit Singh and Gurdial Singh had ran towards Darshan Singh and they had also raised raula. After causing injuries, they ran away taking their weapons with them. While going, they had threatened Paramjit Singh and Gurdial Singh that they will also meet the same fate if they approach the police. Darshan Singh died at the spot.

(3.) VIDE the impugned charge-sheet the petitioners Lachhman Singh, Wazir Singh, Resham Singh and Kaka Singh were charged under Section 302 IPC and Lachhman Singh and other petitioners were charged for offence under Sections 148 and 302 IPC for the murder of Binder Singh.