SUKHVINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SUKHVINDER Singh, Sarjeet Singh and Krishna have moved this petition u/s 482, Cr. P. C. against the order dated 8. 11. 1993 passed by the learned Addl. Sessions Judge No. 1 Sri Ganganagar Camp Sri Karanpur, whereby he has taken cognizance of offences u/s 147, 148, 302/149, and 120-B, I. P. C. against the petitioners. It appears that on 8. 7. 1993, Kulvinder Singh S/o Balwant Singh r/o 27h, P. S. Keshrisinghpur was admitted to Male Surgical Ward-B of Sri Ganganagar Government Hospital in an injured condition. S. H. O. Sri Karanpur, recorded statement of said Kulvinder Singh on 8. 7. 1993 at 3. 00 a. m. In his statement Kulvinder Singh stated that on the previous day, he alongwith his father Balwant Singh had gone to Sri Karanpur Mandi in their tractor for selling the mustard crop. They sold this crop at Sri Karanpur on the Shop of Ramdhan Das Tej Mal. After selling the said crop, both of them started on the tractor for their village. They reached a place known as Shiv Mandir Kutia, Sri Karanpur at 6. 15 p. m. They found that a tractor and trolley were parked on the way obstructing the passage. Upon this Kulvinder Singh tried to bye-pass the said tractor. The driver of the tractor obstructing the passage reversed his tractor with a view to obstruct the passage of the tractor of Kulvinder Singh and his father. Kulvinder Singh had to take down his tractor from the road to the road side soon afterwards Darshan Singh, his brother SUKHVINDER Singh, Sarjeet Singh and brother-in-law of Darshan Singh whose name was not known came out from abush. All of them were armed with lathis. All these persons came near his tractor and tried to assault Kulvinder Singh and his father. At this Kulvinder Singh started running. Upon this 3-4 persons who were present and whose names were not known surrounded him and gave lathi blows on his hands and feet, with the result that he fell down. Even after he had fallen, he was attacked by the said assailants. Meanwhile, his father Balwant Singh tried to run away and he was surrounded by Darshan Singh, Sarjeet Singh, SUKHVINDER Singh and brother-in-law of Darshan Singh and all of them assaulted Balwant Singh with lathis and gave lathi blows to Balwant Singh on his hands and feet. When this assault was being made, Gurmeet Singh, brother of Kulvinder Singh and Lakhvinder Singh, brother-in-law of Kulvinder Singh came there on a motor cycle. At this the assailants made good their escape. After some time a bus came from side of Sri Ganganagar and one Madan Lal came there. Shortly afterwards one jeep also came there with police personnel. Kulvinder Singh and his father Balwant Singh were removed in this jeep to Sri Karanpur. Kulvinder Singh became unconscious because of injuries and regained consciousness in Government Hospital, Sri Ganganagar. On regaining consciousness Kulvinder Singh learnt that his father had already succumbed to his injuries. In his statement Kulvinder Singh stated that daughter of Darshan Singh was married to his younger brother Gurvinder Singh and the relations between the parties were slightly strained because Gurvinder Singh was not keeping his wife with him. A Panchayat was also held in this connection. It was further stated that out of this enmity this assault was made after pre-planning the same.

(2.) THE statement further recited that Kishan Lal Jat, who was friend of Darshan Singh was seen moving near the shop of Ramdhan Das Tej Mal a number of times and as soon as Kulvinder Singh and Balwant Singh left the shop of Ramdhan Das Tej Mal, he (Kishan Lal) was seen leaving the place on a motor cycle, presumably with a view to inform the assailants. It was stated that Kishan was also privy to the conspiracy hatched with a view to assault Kulvinder Singh and his father.

(3.) THE petition has been opposed seriously on behalf of the complainant as also on behalf of the State by the learned P. P.