MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER seeks quashing of summoning order dated 5.6.1996, annexure P-3, passed by Sessions Judge in case F.I.R. No. 162 dated 19.11.1995 under Sections 302, 324, 452, 34 IPC.

(2.) SARDARA Singh lodged an F.I.R. at Police station Dharamkot alleging therein that the petitioner has committed the murder of Sham Kaur. Matter was investigated by the Investigating Agency and it was found that in fact the petitioner and another person Baldev Singh were not involved in the murder. This investigation was duly verified by SI Gurdip Singh, S.I. Surjit Singh and Superintendent, of Police (Operation) Ferozepur. All these officers gave a finding that the petitioner was innocent and that the murder in fact was committed by Sardara Singh accused. During investigation statement of Pawan Kumar was also recorded, who deposed that Sardara Singh had made an extra judicial confession that he had hatched a conspiracy to get the petitioner falsely implicated in the murder of his mother-in-law, Sham Kaur. Similarly, Sucha Singh, a neighbour of Sardara Singh, too made a statement to the effect that he heard the cries of Karnail Singh alias Kaila, son of Sardara Singh, and on coming out of his house saw Sardara Singh standing armed with a Kappa and when asked Sardara Singh as to what is the matter, told him that there is nothing to worry but in the morning it was learnt that Sham Kaur has died and Karnail Singh has been admitted to hospital. So, Sucha Singh also stated that Sardara Singh has committed the murder of Sham Kaur and has also caused injury to Karnail Singh and that no outsider has come to the house to commit the murder of Sham Kaur. Police consequently challanned Sardara Singh alone.

(3.) ACCORDING to the learned counsel for the petitioner the order of Sessions Judge is illegal and violative of Section 319(1) and Section 223 of the Code of Criminal Procedure on the following grounds :-