MEHAR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, namely, Mehar Singh son of Jhanda Singh and Harbhajan Singh Sandhu son of Hari Singh Sandhu, impugn order dated 30.01.2018, whereby they have been summoned as additional accused in case FIR No.47 dated 18.05.2016, registered at Police Station, Punjab Agricultural University, Ludhiana, under Sections 302/307/427/212/216/120-B/148 and 149 IPC and Sections 25 and 27 of the Arms Act, 1959, after an application dated 11.07.2017 under Section 193 Cr.P.C. read with 319 Cr.P.C, was allowed.

(2.) The aforementioned FIR was registered on the basis of statement of one Kulwinder Singh, personal driver of Baba Ranjit Singh Dhandrianwala. The gist of the FIR is that on 17.05.2016 at about 5.45 p.m., Baba Ranjit Singh Dhandrianwala was moving from Shri Parmeshwar Dwar, Patiala to village Isewal, Police Station, Dakha for Gurmati Samagam. One Baba Bhupinder Singh was sitting in the co-driver seat and sewadar Harinder Singh was sitting on the rear seat besides Baba Ranjit Singh Dhandrianwala. This vehicle was part of a convoy of four vehicles. The first vehicle in the convoy was being driven by Bhai Jasvir Singh and 4-5 other people were sitting in that vehicle. This vehicle was followed by vehicle of Baba Ranjit Singh Dhandrianwala, which was further followed by a Scorpio vehicle and an Innova vehicle. The Scorpio was being driven by Harpinder Singh son of Dhian Singh. At about 7.45 p.m., their vehicles were about 110 yards short of Barewal Canal Bridge. A chabil had been set up by erecting a tent and some vehicles were parked on the road side. The vehicles of the convoy of Baba Ranjit Singh Dhandrianwala were stopped by the persons running the chabil and one of them approached Jasvir Singh (driver of the first vehicle) on the pretext of serving water and asked him about the vehicle in which Baba Ranjit Singh Dhandrianwala was seated. Before Jasvir Singh could answer, the said person noticed Baba Ranjit Singh Dhandrianwala seated in the second vehicle and called out to the people seated in the tent. Immediately, 30-40 persons sprayed the wind screen of that vehicle and attacked the same with rods, gandasis and baseball bats. Shots were fired, one of which hit Baba Bhupinder Singh on the head and he collapsed. Baba Ranjit Singh Dhandrianwala had a providential escape as he crouched in the rear of the vehicle and was driven away from the spot by the complainant. The vehicle was followed by 2-3 vehicles, one of which was Tata Safari and shots were again fired. The complainant, namely, Kulwinder Singh however, managed to drive away to safety.

(3.) Initially, the FIR was registered against unknown persons. A supplementary statement of complainant-Kulwinder Singh was recorded on 18.05.2016, in which he named four persons as accused. A second supplementary statement of said Kulwinder Singh was recorded on 24.05.2016, in which he named ten more persons. His third supplementary statement was recorded on 24.05.2016 itself, in which Jaspreet Singh and Hardev Singh were named as the persons, who stopped the first vehicle of the convoy. On 02.07.2016, statements of Jasvir Singh (driver of the first vehicle of the convoy) and other witnesses were recorded under Section 161 Cr.P.C, which revealed that one Tata Safari bearing registration No.PB-23-J-0015 and one Scorpio bearing registration No.DL-3C-AS-1928 followed the vehicle of Baba Ranjit Singh Dhandrianwala, after he was driven away by the complainant. The statement of Baba Ranjit Singh Dhandrianwala was recorded on 05.08.2016. On the same day, statement of Satnam Singh son of Surinder Singh was also recorded, in which he stated that Jaspreet Singh and an unidentified person, who could be identified, were armed with gun.