TARLOCHAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the order passed by learned 1st. Additional Sessions Judge, Jammu in case No. 51/Sessions, dated 15.12.1998, whereby charge under Sections 302 and 307 R. P. C. read with Section 149 RPC has been ordered to be framed against Tarlochan Singh, petitioner -1 and under Sections 302 and 307 RPC read with Sections 149 and 109 RPC has been ordered to be framed against other accused -persons.

(2.) BEFORE the trial Court in ail six persons has been arrayed as accused, out of whom Balbir Singh is absconding and against him general warrant of arrest has been issued. With a view to properly understand the case as well as for appreciating the submissions of the learned counsel urged in the case, it is necessary to refer to a few facts, which are relevant and material for determination of this Revision Petition.

(3.) AS per prosecution case, on 3.6.1998 Tarjinder Singh in the early hours of the day had gone to his fields to water those. He found that the course of water had been changed by S/Shri Ranjit Singh, Balbir Singh and Avtar Singh sons of Hari Singh, Harbans Singh and Thakar Singh sons of Balkar Singh petitioners. At this stage he returned back and complained in this behalf to his uncle Gurmit Singh, hereinafter referred to as the complainant, was also informed that the above said five persons have also threatened of dire consequences.