TARWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE are two revisions arising out of the common order dated 03.03.2012, passed by the Additional Sessions Judge, Bathinda who allowed the application filed by the prosecution under Section 319 Cr.P.C. and the petitioners were summoned to face trial in FIR No. 95 dated 13.08.2010, registered under Sections 302/304/323/148/149 IPC.

(2.) ADVERTING to the backdrop first, Harbans Singh, father of deceased Hardeep Singh made a complaint to the police on 13.08.2010 alleging that he along with his son Hardeep Singh, Gurmeet Singh, his nephew and Buta Singh, his servant had gone to the fields. At about 2:30 PM, Hardeep Singh received a call on his mobile and he left saying that he was going towards Pandita Wala Khet. Hardeep Singh had just covered a distance of 25/26 Karams and stepped on the Talwandi -Raman main road at 2:45 PM where a big black car was parked. Four persons in the age group of 30 -35 years came out of the car. One of them had tied a Parna on his head. Two of them were armed with dandas and they started beating Hardeep Singh. Hardeep Singh raised alarm. All these persons caught hold of Hardeep Singh and pushed him in front of a bus coming from Talwandi. Hardeep Singh struck against the bus and fell on left side and those persons fled from the spot towards Talwandi Sabo. The registration number of the bus and the name of the driver was also disclosed to the police. The complainant found his son bleeding from the nose, ear and head. He died on the spot. The FIR was lodged against unidentified persons. On the next day, Gurmeet Singh made a statement on the basis of which Hardeep Singh, Tarsem Singh @ Semi, Davinder Singh, Tarwinder Singh, Kala Singh, Ajaib Singh, Jaskaran Singh and an unidentified woman were named. The registration number of the vehicle used in the commission of the crime was also disclosed. Two days later, Gurmeet made a supplementary statement and disclosed the name of Paramjit Kaur. On 15.08.2010 Gurjant Singh before whom the accused had suffered an extra judicial confession, made a statement and five persons were arrested and challan against them was presented. The remaining accused Davinder Singh, Kala Singh and Tarwinder Singh could not be arrested and investigation against them was kept pending. Meanwhile, the case was committed by the Sub Divisional Judicial Magistrate, Talwandi.

(3.) AGGRIEVED with that order, the State had filed Crl. Miscellaneous No. 1904 of 2011 which was disposed of on 24.08.2011. The apprehension of the prosecution that they would be debarred from filing subsequent application before the trial Court were met with the following observations: -