JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Petitioner Joginder Singh has filed this application under Section 482 of the Code of Criminal Procedure for quashing the proceedings pending before the learned Additional Sessions Judge, Ferozepur, arising from a complaint under Section 302 of the Indian Penal Code.

(2.) THE petitioner, a constable, working under the Senior Superintendent of Police, Ferozepur, was part of the police party which was on election duty. The elections to the village Panchayat of Chak Saide Ke, were being held on 18.1.1993. According to the petitioner at the time of polling there was some altercation between opposing factions in the election and the police party present there was trying to pacify the crowd and he (the petitioner) who was part of the police party and was being threatened by the public, in order to preserve peace and save loss of life fired in the air in the course of his duty, but the bullet accidentally hit one Harjinder Singh who was standing at a higher place, and he died.

(3.) THE first-respondent State of Punjab has filed a reply supporting the petitioner.