DAL SINGH Vs. SURJEET SINGH

JUDGEMENT

(1.) DAL Singh has filed this application under: Section 482, Cr. P.C. for quashing the criminal proceedings initiated against him and pending before the learned Additional Sessions Judge No. 2, Hanumangarh for offence under Section 302, read with Section 114, IPC.

(2.) BRIEFLY stated, the facts giving rise to this application are as under. On March 13, 1970, Surjeet Singh, non -petitioner No. 1, lodged a report before the police giving out the following story. At 12.30 p.m. on that day, Surjeet Singh along with his brother Balveer Singh and Jageer Singh and Jagroop Singh had started from Surjeet Singh's house for village Jandwala Sikhan to see the ailing wife of one Jiwan Singh and when they had reached a point near the house of one Ram Singh, they found Dal Singh, Chhotu Singh, Genda Singh, Hansa Singh and Milkiyat Singh sitting in a pit. As the complainant's party approached, Dal Singh and others stood up and Dal Singh shouted -'the enemies had come, murder them'. Milkiyat Singh then fired from his gun hitting Balbir Singh in the chest and he fell dead; Chhotu Singh fired a shot at Jagroop Singh which hit him in the leg. The assailants then left firing shots in the air from the guns they carried to scare people away. It was further slated that Balbir Singh was also armed with a 12 bore gun. It was further stated that Dalsingh and his companions had formed a 'Gunda -Party' in the village and that on a report made by Balbir Singh the police had recovered illegal arms from the possession of Chhotu Singn, Genda Singh, Hansa Singh and Milkiyat Singh which turned hostile toward Balbir Singh. The Police, after investigation, put up the challan against the accused other than the present petitioner Dal Singh. A private complaint was then filed by Surjeet Singh against Dal Singh for offence under Section 302, IPC.

(3.) THE contention of the learned Counsel for the petitioner is that in the circumstances of the case, no prima facie case is made out against the petitioner for any of the offences charged against him and further proceedings in the case would not only amount to wastage of time and money, but would amount to abuse of the process of the court.