TULA RAM AND OTHERS Vs. KISHORE SINGH

JUDGEMENT

(1.) THE Petitioner, who are 7 in number, have approached this Court under Section 482, Code of Criminal Procedure (1973), for quashing the proceedings pending against them under Sections 304/149 and 148, Indian Penal Code, in the Court of Judicial Magistrate Ist Class, Fsrozepur initiated at the instance of Kishore Singh Respondent.

(2.) THE complaint filed by Kishore Singh against the Petitioners is a cross version of the case registered at Police Station Guru Har Sahai, under Sections 307/34 and 452, Indian Penal Code, against Mohd. Sadiq and others who have been committed to the Court of Session at Ferozepore for trial The facts of that case are that on 16th December, 1974, Mohd. Sadiq, a Pakistani National, who entered India without any pats port, and Balbir Singh, deceased, went to the shop of Tula Ram Petitioner in village Panjeke at about 9.00 P.M. and asked him to sell cloth to them on credit. Tula Ram refused to meet with their demand and told them to come on the following morning. As Tula Ram wanted to close the shop, Mohd. Sadiq and Balbir Singh tried to drag him in side the shop On the alarm raised by Tula Ram, Abhinash Chander armed with a danda and Nathu Ram armed with a gun rushed towards the shop and on reaching there found Tula Ram lying on the ground. Balbir Singh and Mohd Sadiq were armed with pistols and they fired shots from their weapons. Sudersban Kumar, Harbans Lal and Hazara Ram also came there armed with fire -arms. In exchange of fires Balbir Singh suffered injuries and later on succumbed to those. Mohd. Sadiq was captured at the stop. On the matter having been reported the police registered a case and chalaned Mohd. Sadiq for the above said offences.

(3.) HE ultimately filed the complaint before the Judicial Magistrate Ist Class, Ferozepore, who sent the same to the Station House Officer, Police Station, Guru Har Sahai for investigation under Section 156(3) Code of Criminal Procedure (1973) (hereinafter called the Code). The police was not satisfied with the case of Kishore Singh and submitted a report against him. The learned Magistrate on receipt of the police report issued a notice to the complainant. After recording the statements of the complainant and one witness, vide his order dated 22nd. May, 1975, the learned Judicial Magistrate summoned the Petitioners as accused under Sections 304/149 and 148, Indian Penal Code.