STATE Vs. KAPUR SINGH AND OTHERS

JUDGEMENT

(1.) SHRI V.K. Jain Learned Additional Sessions Judge, Karnal, vide orders dated 17th of September, 1976, has submitted this reference under section 395(2) of the Code of Criminal Procedure, 1973, for quashing of the commitment of the accused made by the Judicial Magistrate 1st Class, Panipat under section 307 of the Indian Penal Code on the basis of a complaint filed by one Randhir Singh, resident of Urlana Kalan, District Karnal.

(2.) THE facts leading to the reference are that on 7th of February, 1976, at 6.30 P.M. Lakhvir Singh of village Urlana Kalan made a report under section 307/34, Indian Penal Code, against Nishan Singh, Kapur Singh, Ranga Singh and Kala Singh of the same village, After investigation the police laid a charge -sheet against Nishan Singh, Kapur Singh and Ranga Singh. As the investigating agency did not feel satisfied about the complicity of Kala Singh in the commission of the offence, he was shown in column No. 2 of the report submitted under section 173 of the Code of Criminal Procedure, 1973, hereinafter referred as the Code The complainant party did not feel satisfied with the conduct of the investigation in not sending up Kala Singh for trial. Randhir Singh then filed a complaint on 24th of April, 1976 in the Court of the Judicial Magistrate 1st Class, Panipat against all the four above mentioned accused for the same offence. A prayer was made in the complaint that as Nishan Singh, Kapur Singh and Ranga Singh had already been prosecuted by the police, the Court may not summon them as accused and should commit only Kala Singh to trial.

(3.) BEFORE the commencement of the trial, certain objections were raised on behalf of the accused' The learned Additional Sessions Judge felt difficulty in deciding those and formulated the following questions : - -