JARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of two Criminal Revision Petitions (Crl. Rev. No. 1589 of 2001 filed by Jarnail Singh and Crl. Rev. No. 1681 of 2001 filed by Inderjit Singh and 3 others) to challenge the order of the learned Sessions Judge, Karnal dated October 8, 2001 whereby Jarnail Singh, petitioner herein along with Surjit Singh, Satnam Singh, Gurcharan Singh alias Pappu, Inderjit Singh alias Kala Singh were summoned by invoking the provisions of Section 319 Cr.P.C. to stand trial along with Bhira Singh and Mohabbat Singh under sections 302/307/148/149 I.P.C. for the murder of Gurcharan Singh.

(2.) THE facts of the case as set out in the complaint filed by Joga Singh were that on October 8, 1998 at about 10/11 P.M. he along with his brother Baljinder Singh were ploughing the disputed land while their father was also present in the field; Sumer Chand and Lakhwinder Singh were present nearby. The accused arrived there. They were variously armed and tried to stop the complainant and his brother from ploughing the land by standing in front of their tractors. The accused were identified in the lights of the tractors. Gurcharan Singh deceased tried to pacify them but Surjit Singh raised a lalkara leading to Gurcharan Singh alias Pappu firing a shot at Baljinder Singh which hit him on his right arm and flank. A second shot was fired which hit the deceased who fell down and died. Sumer Chand was also hit by a shot fired by Satnam Singh.

(3.) ON July 21, 1999 the complainant stated before the learned Magistrate that he did not wish to pursue the complaint against Surjit Singh, Satnam Singh, Gurcharan Singh, Inder Singh and Jarnail Singh as they had already been charged by the police under Sections 302 etc. I.P.C. but Mohabbat Singh and Bhira Singh had not been so charged. Therefore, the learned Magistrate directed that only Mohabbat Singh and Bhira Singh be summoned under Section 302 I.P.C. Consequently, the complaint case was committed to the Court of Sessions only against Mohabbat Singh and Bhira Singh.