MEHTAB SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have preferred this petition under Section 482 Cr.P.c. for quashing of order dated 15.11.2017 passed by the Judicial Magistrate Ist Class, Dhuri vide which case was committed to the Court of Sessions under Section 307 IPC and order/chargesheet dated 15.01.2018 passed by the Addl. Sessions Judge, Sangrur vide which revision petition against the order of committal was dismissed and charges were framed against the petitioners in FIR No.25 dated 11.03.2016 under Sections 148, 341, 323, 427, 307 read with Section 149 IPC and Section 25/54/59 of the Arms Act.

(2.) The FIR in question was registered in the Police Station Sherpur, District Sangrur against the petitioners and others on the statement of complainant-Achhra Singh. The complainant stated that he was a Panchyat Member. On the date of lodging of FIR, there was Bhog ceremony on account of death of Smt. Beant Kaur in Gurudwara at about 1.30 p.m., where Sant Hakam Singh and Maninder Singh of other village had come to attend the Bhog ceremony. After the Bhog ceremony, when the complainant reached near the vehicle, outside the gate of Gurudwara, then Mehtab Singh Ex.-Sarpanch, Ram Singh, Kuljit Singh @ Sunny, Puran Singh, Happy, Jagroop Singh @ Roop, Darshan Singh, Gurjant Singh @ Janta, Beant Singh, Achhra Singh, Harpreet Singh @ Happy, Pila Singh @ Chamkila, Dhanvir Singh and Jagga Singh residents of village Gurbakahspura were standing with deadly weapons like dandas, sticks and revolvers. They encircled Sant Hakam Singh, who was with the complainant and asked as to why he had made a speech in Gurudwara as per his own wish, whereupon Sant Hakam Singh tried to made them understand, but all of the aforesaid persons became annoyed and opened attack on the complainant party with an intention to kill. Accompanions of Sant Hakam Singh immediately took him inside the Gurudwara. Complainant was caught hold by the party of Mehtab Singh and thereafter Kuljit Singh @ Sunny dealt an iron blow on his right side of head with an intention to kill him. The complainant fell on the ground thereafter Dhanvir Singh dealt a dang blow on his head. Thereafter Jaggi Singh dealt a dang blow on left side of waist of the complainant. When the complainant changed his side, then Pila Singh @ Chamkila gave a dang blow on his left shoulder and the complainant became unconscious. Megham Singh and Ram Singh while holding revolvers in their hands were saying that today the complainant-party be not allowed to go out of the village. The cause of grudge was an inquiry against Mehtab Singh was being conducted at the instance of complainant party by the Panchayat Department and the accused party was fighting a case against Sant Hakam Singh before the Court regarding land of Dera. On that day, the assailants had gathered in order to kill the complainant party, but they were saved. The complainant was admitted by Jagir Singh in Civil Hospital, Dhuri. The window panes of vehicle of Sant Hakam Singh were broken by Mehtab Singh and others.

(3.) The complainant received four injuries with blunt weapon, out of which injuries no.1 and 2 were kept under observation subject to X-ray report, and injuries no.3 and 4 were declared to be simple in nature.