STATE OF HARYANA Vs. POHLA SINGH AND ORS.

JUDGEMENT

(1.) The State of Haryana challenges the acquittal of the respondents of the charges under Ss. 148, 302, 364 read with Sec. 149 IPC.

(2.) The case of the prosecution is that on 26.7.1993 at about 7.00 p.m. Kuldeep Singh, PW6 along with Teja Singh, son of Jarnail Singh was taking tea in front of tea shop of Roshan Lal of Baragudha. Balbir Singh alias Bhira son of Jaggar Singh(deceased) was also sitting with him. In the meantime, the jeep of Thekedars (contractors) came from the bus stand side. Pohla Singh alias Bachittar Singh, accused armed with rifle, Gurmail Singh alias Maili and Gurjant Singh alias Janta armed with a .12 bore gun each and three others armed with gandasa and lathis alighted from the jeep.

(3.) They declared that they will teach Balbir Singh a lesson for registration of case under Sec. 307 IPC. They took Balbir Singh in the jeep forcibly. Kuldeep Singh and Teja Singh tried to rescue Balbir Singh but Pohla Singh threatened that if they came forward, the accused will shoot them. The accused then took away Balbir Singh in the jeep towards Biruwala Gudha. Kuldeep Singh alongwith his son went to inform Gurdev Singh, Sarpanch Baragudha and after taking him with them, they went to police station Baragudha for lodging FIR. The statement of Kuldeep Singh was recorded on the basis of which FIR was registered. Bhoja Ram, SI along with others visited the place of occurrence and conducted investigation.