TASVEER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. and the petitioner seeks quashing of the order dated 28.4.2015 vide which the application filed by the petitioner under Section 311 Cr.P.C. for recalling the main witnesses namely PW -1, PW -2 and PW -6 for further cross -examination was rejected.

(2.) THE petitioner is facing trial in FIR No. 72 dated 13.5.2012 registered under Sections 302/34/120 -B/212 IPC and Sections 25, 54, 59 of the Arms Act. The complaint was lodged by Arun Kumar. Arun's father Ashok Singla was running a school at Julana. The complainant and his brother Ajay Singla were going on foot after finishing their work in Mandi Julana. There was a huge crowd as a tractor trolley had been parked near the Grain Market. The complainant's father was going on his motorcycle from Mandi to their school. On seeing the large crowd, he stood on one side. The complainant called out loudly asking his father to take the motor cycle from a side, three young boys came on a motorcycle and one of them raised lalkara that Ashok was alone and he should not escape. All the three fired gun shots which hit him on the chest, stomach, ear -pit, hand and on his head. The motive spelled out in the FIR was the dispute relating to the land over which the school had been built between the deceased and Lehna Singh and litigation was pending in the Court for a number of years. Earlier a case had been registered under Section 307 IPC against Lehna Singh who had been convicted. With respect to this land, Lehna Singh in connivance with others had printed and distributed pamphlets relating to the school land. The deceased had been receiving threats. The allegations were that Lehna Singh, Tasvir Singh and Sangram Singh inconvenience with each other had fired shots upon his father. The trial had commenced and prosecution witnesses had given their statement in the Court in 2012 and then in 2013.

(3.) THE trial Court after hearing both the sides dismissed the application vide order Annexure P -6.