CHARANJIT SINGH CHANNI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHARANJIT Singh Channi, Gurbachan Singh and Talwinder Singh @ Raju have filed Criminal Revision No. 246 of 2002 against order dated 2.2.2002 passed by the Sessions Judge, Jalandhar, whereby they were summoned under Section 319 Cr.P.C. to face trial alongwith their co-accused for an offence punishable under Section 302 etc. IPC.

(2.) BRIEFLY stated, the facts are that on the night intervening 29/30.4.2000, the police of Police Post Maksudan visited the Dera of Kewal Singh uncle or Nirvair Singh, complainant, situate at Village Lidran at about 12.15 mid- night. The police had visited the Dera on the complaint of Piara Singh. However, Kewal Singh and his sons were not found present, so, the police officials took Manjinder Singh son of Kashmir Singh son of wife's sister of Kewal Singh alongwith them. Later on, Nirvair Singh came to know about this fact. He alongwith his brother, Dalbir Singh (now deceased) and Daljit Singh went to the Police Post Maksudan and reached there at about 1.15 A.M. (mid- night). At that time, Karnail Singh Dhillon, Charanjit Singh Channi, Raju son of Gurbachan Singh and Gurbachan Singh were sitting with the Munshi inside the police post. Munshi told Nirvair Singh etc. to sit in the office as the people of other party were sitting with him. Nirvair Singh etc. instead of sitting inside the office went out and stood near the outer gate of the police post. In the meantime, Karnail Singh Dhillon alongwith his companions came out of the police post and started abusing Nirvair Singh etc. At that moment, Nirvair Singh etc. tried to go inside the gate but in the meantime, Karnail Singh Dhillon took out his revolver and fired 3/4 shots at Dalbir Singh and upon receipt of injuries, Dalbir Singh fell down.

(3.) THE investigation was conducted by SHO/Inspector, Police Station Sadar, Jalandhar, and after investigation he submitted the report against Karnail Singh Dhillon only and found the other persons, namely, Charanjit Singh Channi, Talwinder Singh @ Raju son of Gurbachan Singh and Gurbachan Singh innocent.