CH. NAGAR SINGH Vs. STATE

JUDGEMENT

(1.) Petitioners are facing trial under Sections 409/120-B, 201/34 RPC read with Section 3/25 of the Arms Act. The said trial is being jointly faced by them with accused Jatinder Singh and Royal Singh, who have been charged with offence under Section 302 RPC read with Section 34 and 323 RPC in the same FIR.

(2.) The incident relates to 29th of Aug'09, when accused Jatinder Singh, who is the son of petitioner No.1 Nagar Singh and nephew of petitioner Nos.2 and 3, accompanied by Royal Singh, fired upon deceased Amandeep Singh, in his house, who succumbed to injuries at Delhi on 30th of Aug'09. The weapon of offence used in the said commission of crime was said to be a desi pistol (kutta), which was recovered on the disclosure statement made by accused Jatinder Singh from the flour mill where he had hidden the same. The said pistol was recovered and seized on the information provided by him to the police and was deposited in Malkhana, Gandhi Nagar Police Station, Jammu, on the same day. It is from here the role of present petitioner is stated to have begun in ensuring the destruction of the said weapon of offence or causing its disappearance to screen off the accused Jatinder Singh, from the trial. The motivating factor in the alleged act of the petitioners being that accused Jatinder Singh, as indicated above, is the son of petitioner No.1 and nephew of petitioner Nos.2 and 3.

(3.) While tracking the role of the present petitioners, the investigation has unearthed the following facts:-