AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners learned counsel submits that the petitioners father and brothers are in custody since June, 1994 as they are facing murder trial. According to him, one of the respondents fired at petitionerTs relation, but instead of hitting him, it hit at Narinder Pal Singh their own person who died at the spot. Because of death of Narinder Pal Singh petitioners father and brothers are facing this murder trial.

(2.) Petitioner has lodged a private complaint on the basis of which respondents have been summoned and have been charged under Sections 302/ 307/326/324/323 aIld 34 of the Indian Penal Code. In this complaint respondents 2 to 4 have been granted bail under Section 438 of the Code of Criminal Procedure. In the petition filed under Section 439(2) of the Code of Criminal Procedure, it is alleged by the petitioner that his life is in danger at the hands of respondents 2 to 4 because they have been summoned and have been charged for murder in this complaint case. Petitioner is left alone. On all these grounds he submits that bail granted to the respondents 2 to 4 vide order dated 30-9-1997 (Annexure P-I) be cancelled.

(3.) Learned counsel appearing for respondents 2 to 4 contends that this complaint was filed after about 5 months of the said incident. No doubt these respondents are facing murder trial on the basis of this complaint, but in the State case wherein petitionerTs father and brothers are facing murder trial, the trial is already concluded. It is at the stage of hearing final arguments. Since under the orders of the High Court, this complaint case as well as the State case (both being murder cases arising out of the same incident) are being taken up together by the learned Sessions Judge. This complaint case is also at the fag end; 12th March 1998 is fixed for recording the defence evidence. He submits that these respondents are going to examine only one witness on this date and then this complaint case will also be ripen for final arguments. On there facts, he submits that both these murder cases are likely to be decided by the end of March, 1998.