BABU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this order, three Criminal Revision Nos.1734 of 2007 (Babu Singh v. State of Punjab and others), 1957 of 2007 (Ram Dayal @ Ram Dial Singh v. State of Punjab), and 793 of 2008 (Babu Singh v. State of Punjab) are being disposed of. The facts are taken from Criminal Revision No. 1734 of 2007. This petition is filed by Babu Singh against the order passed by Addl. Sessions Judge, Sangrur, who rejected the prayer of the petitioner to summon Hakam Singh, Labh Singh, Gurcharan Singh @ Charna, Malkiat Singh, Tarlochan Singh, Bhola and Binder as an additional accused to face trial with the other accused for offences under Sections 302, 307, 148, 149 and 120-B IPC. On the other hand, Criminal Revision No. 1957 of 2007 is filed by Ram Dayal, who was so summoned to face trial as an additional accused. He has, thus, impugned this order on the ground that he has been wrongly summoned under Section 319 Cr.P.C. Babu Singh petitioner had filed an earlier petition for summoning those very accused as noted above and had to file a second petition when the prayer to summon was declined even after concluding the cross-examination of the witness, though earlier prayer was declined at the stage when the witness was yet to be cross-examined.

(2.) THIS fight has taken place for control of Truck Union, Lehra Gaga. Mithu Singh is the grand son of the petitioner, who has died in this fight. At the time of election, Hakam Singh along with his supporters, armed with deadly weapons, had come to the office of Truck Union and had indiscriminately fired leading to death of Mithu Singh and one Jarnail Singh. On the basis of a statement given by Babu Singh, the present FIR was registered. Even in the FIR, Hakam Singh, his brother Labh Singh, Malkiat Singh, Manjit Singh, Gurcharan Singh, Bhola, Binder, another Bhola Singh resident of Khandebodh were alleged to have used their respective weapons. Mithu Singh had died of bullet injury on his chest and had died at the spot. Jarnail Singh had attempted to run outside the Truck Union Office to save his life, but was hit on his head and died. Though the petitioner has given an eye-witness account of the incident, but it is alleged that on account of influence of Hakam Singh, he and Gurcharan Singh, Labh Singh, Tarlochan Singh, Malkiat Singh, Bhola and Binder were declared innocent and placed in column No. 2. The petitioner then appeared as PW-1 before the court and thereafter moved an application for summoning these persons who had not been challaned but were actually responsible for the crime. This prayer of the petitioner was declined through the impugned order dated 5.9.2007 and accordingly this petition was filed. At that stage, petitioner was yet to be cross-examined. The court had declined to summon Hakam Singh etc.

(3.) MR . Rakesh Gupta, counsel for the petitioner, would refer to the statement of the petitioner, copy of which is placed as Annexure P-2. Having given the background of the efforts on the part of Hakam Singh to control the Truck Union, PW-1 deposed that he accompanied by Labh Singh, Charan Singh, Bhola Singh, Binder Singh, Manjit Singh, Tarlochan Singh etc. came to the office of Truck Union along with 10-12 other persons. The witness has then testified that after making consultation with each other, the party of Hakam Singh started firing. Hakam Singh allegedly fired a gun shot which hit on the chest of Mithu Singh. Remaining accused also had started firing as per the evidence of this witness. Labh Singh is also alleged to have fired a gun shot which hit Jarnail Singh. Mithu Singh accordingly died at the spot. Jarnail Singh was taken to the hospital where he died. On the basis of this evidence, the application was moved to summon the above-noted persons as additional accused.