LEHMBAR RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision has been filed against the order dated 15-8-1988 passed by the learned Additional Sessions Judge, Jalandhar whereby the respondents Avtar Singh, Malkiat Singh and Rajinder Kaur were charged for the offences under Section 302/120-B I.P.C.

(2.) A case under Sections 302/34 IPC, Sections 25, 27 of the Arms Act and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act was registered against respondents Nos. 2 to 4 on 19-3-1988 at Police Station, Banga on the statement of Lehmbar Ram petitioner. He reported that he worked as a servant with Amrik Singh deceased a resident of village Behram and according to his daily routine after taking his meals he went to the Haveli and slept there. At about 10.00 or 10.30 p.m. he heard report of fires. Some time later Rajinder Kaur respondent, wife of Amrik Singh deceased came to him and told that her husband Amrik Singh had gone to fetch medicine for her as she was suffering from stomach but he had not returned. There was firing outside and he should go and verify. He took a torch and went towards the shop of Dr. Dhir where near the old mosque he, saw Amrik Singh lying dead in a pool of blood in the middle of the road. He was having fire arm injuries. He informed about the occurrence to Gurbachan Singh and left him to guard the dead body. The occurrence was also narrated to Jagjit Singh.

(3.) THE main contention of the learned counsel for the petitioner Shri H.S. Gill was that as an offence under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act was mentioned in the report and the case was committed for trial of that offence also then only a designated court was competent to see whether an offence cognizable by it was prima facie made out or not. The learned Additional Sessions Judge had committed an error by omitting to frame a charge under Section 5 of the Act.