GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This application is filed to quash the proceedings pending against the petitioner in the Court of Additional Judge, Designated Court, Amritsar in pursuance of FIR No. 128 dated April 12, 1992.

(2.) The facts briefly stated are that the petitioner-Gurpreet Singh alias Khinder along with his brother Parminder Singh alias Bittu were prosecuted for offence under Section 302 read with Section 34 of the Indian Penal Code in Sessions. Case No. 45 of 1994 for causing death of one Joginder Singh, Rattan Singh and Balbir Singh alias Bittu. Charges were framed against the petitioner and Parminder Singh and the case was sent to the designated Court which took cognizance of offence in Sessions Case No. 45 of 1994. During the pendency of the said Sessions Case, the petitioner was reported to be absconding and he was declared as a proclaimed offender. The trial took place against accused No.1 i.e., Parminder Singh. The prosecution examined three witnesses in order to prove the guilt of Parminder Singh.

(3.) On consideration of the evidence on record, the learned Additional Judge of the designated Court held that the prosecution failed to prove its case against the accused beyond any reasonable doubt and accordingly acquitted the accused Parminder Singh. Thereafter, the petitioner who was declared as a proclaimed offender during the trial of the Sessions Case No. 45 of 1995, surrendered before the Court and moved this Court for grant of bail. This Court granted bail to the petitioner on 2.12.1994. The petitioner filed two applications for quashing the proceedings against him. The learned State Counsel argued that the trial has to be conducted against the accused.