GURDIT SINGH BISHAN SINGH Vs. DISTRICT MAGISTRATE JULLUNDUR

JUDGEMENT

(1.) GURDIT Singh applies under Article 226 of the Constitution of India for the issuance of writ of 'mandamus' ordering the District Magistrate, Jullundur district, to prosecute Head Constable charan Das and Foot Constables Chanan Singh, Jagat Singh and Dharam Singh for causing the death of Banta Singh.

(2.) BRIEFLY summarised, the facts are these. In August 1951, Criminal case No. 576/1 of 1951 was put in Court against Gurdit Singh and Balla Singh under Sections 393 and 397, Penal Code, hereinafter referred to as the Code, on the basis of the report made by Head Constable on 15-2-1951. On 14-7-1952, Sardar Jaspal Singh, Section 30 Magistrate, Jullundur, charged Gurdit singh and Balla Singh under Section 394 read with Section 398 of the Code. That charge reads : "that you, on or about the night between 15/16-2-1951, on the Nakodar Mehatpur road near village Malowal along with Banta Singh deceased attempted to commit robbery of the property of P. W. Charan Das and his companions and that as such you or Banta Singh deceased voluntarily caused hurt to Charan Das and Chanan Singh P. Ws. and that at the time of the attempt at robbery Banta Singh was armed with a pistol, Balla Singh with a spear and Gurdit singh with a 'lathi' and thereby committed an offence punishable under Ss. 394/398, Penal Code, and within my cognizance. "

(3.) IN paragraphs 1, 2 and 3 of the application, under Article 226 of the Constitution Gurdit Singh maintains that Head. Constable Charan Das and Foot Constables Chanan Singh Jagat Singh and dhsram Singh caused the death of Banta Singh on the night between 15 and 16-2-1951, that the post mortem examination on the body of Banta Singh disclosed that the injuries suffered by banta Singh were sufficient in the ordinary course of nature to cause his death and that criminal case No. 576/1 of 1951 was put up against the applicant and Balla Singh to screen the offenders, who caused the death of Banta Singh.