SUKHMANI MINAR LAMBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present revision petition filed by the petitioner under Sections 397/401 Cr.P.C., the petitioner is challenging the order dated 6.6.2014 passed by Additional Sessions Judge, Sri Muktsar Sahib. Vide impugned order, the trial Court dismissed the application filed by the petitioner for summoning/calling the trial from the Court of Chief Judicial Magistrate, Sri Muktsar Sahib titled as "State Vs. Mandeep Singh and others" arising out of FIR No. 19 dated 6.2.2013 under Sections 420, 467, 468, 471, 120-B IPC, Police Station City, Sri Muktsar Sahib and for trying the same alongwith the Sessions trial titled as "State Vs. Mandeep Singh and others" arising out of FIR No. 134 dated 22.6.2012 under Sections 302/303/212/213 IPC, etc. Police Station City, Sri Muktsar Sahib.

(2.) Having heard learned counsel for the petitioner, this Court finds that FIR No. 134 dated 22.6.2012 is in respect of the murder of Manmohan Kaur Lamba. As per the prosecution, the accused, in connivance with each other and after sharing common intention had committed the murder of Manmohan Kaur Lamba and, thereafter, disposed of her dead body. As Mandeep Singh son of Joginder Singh and Chinar Lamba @ Shalu, who were also accused amongst others were earlier convicted and sentenced to life imprisonment by the Sessions Judge, Sri Muktsar Sahib vide judgment and order dated 15.1.2011 and had come out on parole for six months, FIR No. 134 dated 22.6.2012 came to be recorded under Sections 302/303/212/213/201/216 IPC. Subsequently, FIR No. 19 dated 6.2.2013 (Annexure P-3) came to be registered at Police Station City, Sri Muktsar Sahib under Sections 420/467/468/471/120-B IPC on the allegations that the lease deed dated 20.4.2010, said to have been executed by Manmohan Kaur Lamba in favour of Manjit Singh-accused was a forged and fabricated document. The plea of the accused therein is that the lease deed was a genuine document bearing signatures of Manmohan Kaur Lamba and during the life time of Manmohan Kaur Lamba, the lease deed was never challenged.

(3.) The trial of FIR No. 19 dated 6.2.2013 is being conducted by the Chief Judicial Magistrate, Sri Muktsar Sahib whereas that of FIR No. 134 dated 22.6.2012 is before the Sessions Judge. The prosecution in both the FIRs is on totally different facts. Merely because FIR No. 134 dated 22.6.2012 is qua the murder of Manmohan Kaur Lamba whereas FIR No. 19 dated 6.2.2013 is qua the forging of the lease deed purported to have been executed by said Manmohan Kaur Lamba is no ground to hold that both the cases ought to be tried together by one Court so as to avoid conflicting decisions. Under these circumstances, no fault can be found with the impugned order whereby the application filed by the petitioner for clubbing of the two cases stands declined.