GURDIAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners Gurdial Singh and Gurmukh Singh were committed to the Court of Session for trial under Ss.307 and 323 read with S.34, Penal Code. The trial commenced in the Court of the learned Additional Sessions Judge, Hissar. Appropriate charges were framed and part of prosecution evidence was recorded.

(2.) The petitioner Gurmukh Singh was separately prosecuted under S.25 of the Arms Act on the allegation that when he was arrested in the main case he was found to be in possession of a single-barrelled gun, the licence regarding which had expired earlier and had not been renewed. This case was also being tried in the Court of the learned Additional Sessions Judge, Hissar.

(3.) When a part of the evidence was recorded on April 16, 1986 in the case under Ss. 307 and 323 read with S.34, Penal Code an application was moved on behalf of the prosecution that the case along with the other case under S.25 of the Arms Act be transferred to the Designated Court constituted under the Terrorist and Disruptive Activities (Prevention) Act, 1985 (hereinafter called 'the Act'). The learned Additional Sessions Judge allowed the application and forwarded both the cases to the Designated Court, Bhiwani, vide an order of the same date.