JOGINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Joginder Singh has filed this petition under Section 482 of the Code of Criminal Procedure ( in short Cr. P.C.) for setting aside the charge sheet and the order framing charge dated 12.7.2013 (Annexures P-6 and P-7) vide which charges under Sections 120-B, 148, 452, 326, 325, 324 and 149 of the Indian Penal Code ( in short the IPC ) was framed against the accused in respect of FIR No.162 dated 28.11.2010 registered at Police Station Banga, District Shaheed Bhagat Singh Nagar. Challenge has also been made in respect of order dated 9.4.2014 (Annexure P-9) vide which the revision petition preferred by the petitioner was dismissed.

(2.) Briefly stated the law was set in motion by recording the statement of Jasdev Singh son of Avtar Singh who has stated that he is agriculturist by profession and is residing at the given address. They are three brothers and one sister. On the intervening night of 6/7.11.2010 he along with his brother Sulakhan Singh and their servant Chhotu were sleeping near the well. On 7.11.2010 in the morning at about 6/6.30am, his brother was milching the buffalo and he was giving fodder to the buffalo. In the meantime Navdeep Singh @ Nabhu armed with datar, Laddu armed with a datar, Gautam armed with kirpan, Rupinder Singh alias Pindri, son of Sarpanch Narinder Singh armed with kirpan along with two unidentified persons came there. Two unidentified persons remain standing on the road. Navdeep Singh @ Nabhu and Rupinder Singh alias Pindri gave blows of their weapons on the person of his brother Sulakhan Singh. Laddu and Gautam gave blow of their weapons on him. The weapons struck him on his left arm near the wrist, left knee, right arm and left side of abdomen. Navdeep Singh raised lalkara after giving injuries to him that Joginder uncle and Sarpanch uncle are with them and they have nothing to afraid. Their servant Chhotu ran towards the sugarcane field. When the assailants were going back then his brother Ajaib Singh came at the spot as he was bringing tea. The assailants ran towards village Mehrampur Batulli. His brother Ajaib Singh informed Balbir Singh on telephone. On the basis of aforesaid statement FIR was registered.

(3.) The trial Court framed charges against the accused. The petitioner has challenged the order of framing charge as well as order passed by the revisional court vide which the charge under Section 120-B of the IPC was framed against the petitioner.