CHAMKAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition against the order dated 30.05.2009 passed by the Additional Sessions Judge (Adhoc) Fast Track, Ludhiana vide which charge has been framed against the petitioners under Sections 307, 353, 186, 171, 333, 332, 148, 149 IPC.

(2.) LEARNED counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case. No offence is made out against them particularly offence under Section 307 IPC and thus, the impugned order dated 30.05.2009 framing charge deserves to be set aside. Learned counsel has placed reliance on the judgment of this Court reported as Gurmit Singh v. U.T. Chandigarh, 2003(1) RCR (Crl.) 535 to contend that in the said case this court was pleased to set-aside an order whereby charge under Section 307 IPC was framed, while other charges were allowed to stand. According to the counsel, the instant case is of similar nature.

(3.) THE allegations against the petitioners as made out from the impugned charge-sheet are that on 11.05.2008 at about 9.00 P.M. in the area of village Ramgarh Bhullar they formed an unlawful assembly and in furtherance of their common intention, caused injuries to SI Gurcharan Singh and Constable Harvinderpal Singh. They were armed with deadly weapons at that time. They were charged under Section 148 IPC. By the said act, had they caused the death of SI Gurcharan Singh they would have been guilty of murder and thus they were charged under Section 307 read with Section 149 IPC. Not only this they assaulted SI Gurcharan Singh and Constable Harvinderpal Singh, public servants with an intention to prevent them from discharging their public duty and thereby committed an offence punishable under Section 353 IPC. Further they have obstructed SI Gurcharan Singh and Constable Harvinderpal Singh, public servant from discharging their duty function and were charged under Section 186 IPC. This apart the petitioners were charged under Sections 332 and 333 IPC and also under Section 171 IPC read with Section 149 IPC.