HARBANS KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard. Harbans Kaur, Sukhdev Singh and Jugraj Singh have filed under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of order dated 18.09.2017 passed by Additional Sessions Judge, Ludhiana (Annexure P-3), whereby they were summoned as additional accused in case bearing FIR No.61 dated 30.04.2017, registered for offences punishable under Sections 302 read with Section 34 of Indian Penal Code (for short 'IPC'); 25 and 27 of the Arms Act, at Police Station Sadar Raikot, Ludhiana Rural, District Ludhiana while CRM-M-47644-2019 has been filed by Hardeep Singh seeking regular bail in the aforesaid FIR. Brief Facts:-

(2.) As per allegations in the FIR, the occurrence took place on 29.04.2017, when father of complainant, namely, Shingara Singh, had gone to fields on his tractor. He made a call to complainant that Hardeep Singh (petitioner in CRM-M-47644-2019) was talking to someone. She asked him to return home and proceeded towards fields alongwith her sister, Jaspreet Kaur. When they reached near graves outside the village, they found that their father had been surrounded by Hardeep Singh (CRM-M-47644-2019) and Harbans Kaur, Sukhdev Singh, Jugraj Singh (petitioners in CRM-M- 561-2018). Harbans Kaur caught their father with arms. Hardeep Singh fired a shot at their father with his 12 bore rifle, which hit on his head. Then Sukhdev Singh took the rifle and fired shot, which hit below left ear and third shot fired by Jugraj Singh hit left side of chest of their father. Thereafter, Hardeep Singh started the tractor and hit nearby transformer. Complainant and her sister raised rolla and rushed towards their father, who died at the spot. Petitioners alongwith Hardeep Singh ran away from the spot.

(3.) The police presented challan against Hardeep Singh and kept the investigation against remaining accused pending. On commitment of case for trial to Court of Sessions, learned trial Court ordered summoning of petitioners on two grounds; firstly, allegations against them are serious and secondly, they have played active role in the occurrence. Relevant paragraph of the order of trial Court is reproduced as follows:-