PRITAM SINGH Vs. JANG BAHADUR

JUDGEMENT

(1.) PRITAM Singh petitioner has filed this revision petition against the order dated 24-4-1989 passed by the Sessions Judge, Jalandhar, by which the Public Prosecutor was granted permission to withdraw the prosecution case and the respondents were acquitted.

(2.) BRIEFLY stated, the facts of the case arc that Jang Bahadur was charged for offences under section 302 IPC, section 307 IPC on two counts and section 27 of the Indian Arms Act, while his co-accused Satish Kumar was charged for offences under section 302 read with section 34, IPC; and under section 307 read with section 34, IPC, on two counts. The case was registered on the statement of Pritam Singh to the effect that he and his brother Amrik Singh deceased used to ply cart by taking the same on hire; that on 14-1-1987 at 4.30 p.m., Pritam Singh, Amrik Singh and Nachhatter Singh came out of the house of Nachhitter Singh and proceeded towards the bazar in connection with their avocation : that when they reached near the turning of the house of Sansar Chand, Jang Bahadur came there on cycle; and that Amrik Singh remarked to Jang Bahadur that he stopped every one and questioned them as to from where they had come, treating them to be terrorists and it was not good for him. He further stated that the same led to an altercation between Amrik Singh and Jang Bahadur; that, in the meantime, Satish Kumar who is younger brother of Jang Bahadur, also arrived there and he exhorted Jang Bahadur to fire from his pistol and teach them a lesson; that Jang Bahadur then fired at Amrik Singh and Nachhitter Singh, hitting both of them and also Joginder Singh son of Surjit Singh; that the firing of the shot attracted Kabal Singh to the spot; that Pritam Singh then raised alarm and both the accused ran away; and that the injured were removed to the hospital where Amrik Singh succumbed to the injuries.

(3.) PRITAM Singh petitioner was given an opportunity to file reply to the application. He contested the application and pleaded that Shrimati Surjit Kaur had been introduced as a false witness and no reason had been given as to how Pritam Singh and Kabal Singh were false witnesses; that Joginder Singh had supported the version of the FIR and his affidavit was being attached. Pritam Singh also filed an affidavit of Nachhitter Singh in support of his case.