KEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this Criminal Revision Petition is to the order dated 20.08.2013 passed by learned Additional Sessions Judge, Ferozepur whereby the application under Section 319, Cr.P.C. moved by the petitioner -complainant, was dismissed. Brief facts of the case are that Gurnam Singh (deceased) had lodged a report with the police on the premise that on 19.06.2011 at about 12.00 P.M., he along with his uncle, Kehar Singh, was going towards the field and when they reached near the field of Manohar Singh, they noticed that electricity wire for running electricity motor was laid by him (Manohar Singh). When they asked Manohar Singh as to why he had placed the open electricity wire in the way, Manohar Singh started abusing them and there was a scuffle between them. The persons working in the fields rescued Gurnam Singh and Kehar Singh and sent them to go their houses. Manohar Singh and Tara Singh went to the village by their motorcycle. When they were about 1 km away to their village, then Gurnam Singh told his uncle, Kehar Singh, that Manohar Singh armed with a 12 bore double barrel gun; his son Tara Singh armed with a dang; Ladoo Singh armed with a dang; and Rano, Lahora Singh, Gurmeet Singh and Prem Singh all empty handed, were coming towards their side. Rano and Lahora Singh exhorted and in the meantime, Gurmeet Singh and Prem Singh sons of Kishore Singh came forward and asked the complainant side to stop and Manohar Singh fired with his 12 bore double barrel gun with intention to kill Gurnam Singh which hit him on his backside. Tara Singh and Ladoo Singh gave injuries on the person of Gurnam Singh by means of lathis while Manohar Singh inflicted a blow from his 12 bore gun on the right side of the waist. These three persons had also caused injuries to Kehar Singh. On raising a noise, Magga Singh son of Jagga Singh and other persons of the village also gathered on the spot and, thereafter, the accused ran away from the spot with their respective weapons. Chiman Singh son of Ajit Singh got admitted the injured in the hospital. Gurnam Singh succumbed to his injuries on 20.06.2011.

(2.) AFTER thorough investigation, the charge -sheet (report under Section 173, Cr.P.C.) was presented for prosecution of Manohar Singh, Tara Singh and Rano Bai while Lahora Singh, Ladoo Singh, Gurmeet Singh and Prem Singh were placed in column No. 2.

(3.) LEARNED trial court vide order dated 20.08.2013 dismissed the application and hence, the present Criminal Revision Petition.