KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Revision Petition is directed against the order passed by the learned Additional Sessions Judge, Ludhiana, dated December 15, 1992. By virtue of the impugned order, the learned trial Court granted permission to the Public Prosecutor to withdraw from the prosecution and acquitted the accused persons.

(2.) THE relevant facts can well be delineated to appreciate the question in controversy. Prem Singh was resident of village Mohan Pur and he owned some land in that village. He died issueless. He left behind his widow Gurdev Kaur. Parminder Singh alias Bhinda, Ranjit Singh alias Jit and Avtar Singh, respondent-accused were collaterals of Prem Singh. They were determined to grab the land of Prem Singh. It is alleged that in order to help the widow of Prem Singh to manage and cultivate her land, Karnail Singh and Pargat Singh started living with Gurdev Kaur. Respondent- accused in order to grab the land of Prem Singh, forged a Will regarding his estate. On that basis they took forcible possession of the land and the residential house. The house was demolished. A criminal complaint was filed against the accused in the Court of Chief Judicial Magistrate, Khanna. Dalip Singh resident of village Bhammadi was a witness in those cases.

(3.) KARNAIL Singh started searching for Dalip Singh and Pargat Singh. Dead body of Pargat Singh was found near the culvert in the area of village Bammadi with gun-shot wounds. Dead body of Dalip Singh with gun-shot wounds was found hanging with a Barota tree nearby. In the meantime, Kartar Singh, father-in-law of Pargat Singh and Shamsher Singh reached there. After leaving them to guard the dead bodies, Karnail Singh went to the Police Station and lodged the First Information Report. Ultimately, the respondents were arrested and were committed to the Court of Sessions to face trial.