SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(P&H) 3182

PUNJAB & HARYANA HIGH COURT
M.M.S.Bedi, J.
Rajinder Pal Singh
Versus
State Of Punjab
Criminal Revision No. 1884 of 2010,2047 of 2010,2575 of 2010,1884 of 2010,
Decided On : DECEMBER 1, 2010

The main legal point established is the judicious exercise of powers under Section 319 Cr.P.C. based on prima facie chances of conviction.

Headnote:

Section 319 Cr.P.C. - Criminal Law - [SUMMARY OF ACT SECTIONS]

Fact of the Case:

The case involves a land dispute leading to a violent altercation resulting in injuries and death.

Finding of the Court:

The court found that there were reasonable grounds to summon some of the accused to face trial, but not all, based on the specific attributions and injuries.

Issues: The main issue was whether there were sufficient grounds to summon the accused under Section 319 Cr.P.C.

Ratio Decidendi: The court held that the powers under Section 319 Cr.P.C. should be exercised judiciously and consciously, and that prima facie chances of conviction can be determined based on the statements of witnesses.

Final Decision: The court set aside the summoning order for some of the petitioners, dismissed the petition challenging the non-summoning of one petitioner, and upheld the summoning order for others.

Judgment

M.M.S.BEDI, J.

1. This order will dispose of three revision petitions bearing CRR Nos. 1884, 2047 and 2575 of 2010, questioning the legality and propriety of the order dated May 17, 2010 passed by Additional Sessions Judge, Ferozepur, allowing the application under Section 319 Cr.P.C. summoning petitioners Gurcharan Singh and others in Crl. Rev. No. 1884 of 2010 and Gurdev Singh and others in CRR No. 2047 of 2010. The third revision petition has been filed by Rajinder Pal Singh, complainant impugning the same order by virtue of which Kartar Singh has been left to be summoned under Section 319 Cr.P.C.

2. The learned trial Court has observed hat since the solitary statement of witness can be made basis for conviction, as such there are reasonable grounds to summon the petitioners to face trial alongwith other accused.

3. Briefly stated the case of the prosecution as per the statement to Rajinder Pal Singh is to the effect that his father is having a dispute of land measuring 84 kanals 10 marlas with his brother Amar Singh, Prithi Singh and nephew Gulzar Singh, Rishala Singh sons of Kartar Singh and that they are in possession of the said land and the High Court has stayed the alienation of the said land. Uncle of complainant-Amar Singh has executed sale deed of land measuring 20 kanals 12 marlas in favour of Joginder Singh from the said land and the complainant had filed an application for stopping the entry of mutation. His uncle Amar Singh and Prithi Singh and his cousin brothers Gulzar Singh, Rasal Singh, sons of Kartar Singh are adamant to hand over the possession of the land to Joginder Singh. On the day of occurrence, the complainant saw from the roof that Karaj Singh on Mohindra Tractor, Chanan Singh on Swaraj Tractor, were cultivating their land. Harpreet Singh and Rajwant Singh were spreading some seeds in the land. Near the tractors, Gurdev Singh son of Kartar Singh, armed with 12 bore gun, resident of Bagge Ke Khurd, Sukhdev Singh armed with 12 bore gun, Gurdev Singh armed with a dang, Raju son of Amar Singh armed with sword, Rasal Singh armed with 12 bore gun, Gulzar Singh armed with a Sela were standing there. On the patri, Grey Indica Car, Blue Zen Car, White Zen Car and other motorcycles were parked there. 15-20 more unknown persons who were armed with dangs and sotas were standing there. When the complainant came down from the roof and disclosed about this to his father-Malkiat Singh and mother Tejinder Kaur, his parents went out toward the fields despite the complainant stopping them. The case of the complainant is that Balwinder Kaur armed with 12 bore gun, Joginder Singh armed with 12 bore gun Sukhwinder Singh, Ex-Sarpanch armed with 315 bore rifle, Amar Singh armed with 12 bore gun, Gurcharan Singh, Ex- Sarpanch armed with sword came out. Gurcharan Singh raised a lalkara saying that Malkiat Singh and others be taught a lesson for not handing over the possession f the land. Then the complainant raised alarm and asked his parents to go back. In the meantime, Balwinder Singh and Joginder Singh fired shots with their guns at the father of the complainant with an intention to kill Malkiat Singh., Sukhwinder Singh fired a shot with his 315 bore rifle at the father of the complainant which hit his father on his back. His father Malkiat Singh fell down and subsequently Amar Singh fired a shot with his gun at his mother which hit on her right ear. She also fell down due to fire arm injury. Then the complainant came forward to lift his parents. Then, in the meantime, Gurdev Singh and Sukhdev Singh came towards him with their guns from the side of tractors. Gurdev Singh fired a shot with his gun with an intention to murder the complainant. The same hit his bicep. The complainant ran away in order to save his life. Then Sukhdev Singh fired a shot with his gun hitting the complainant on the calf of his leg. He and his mother raised alarm. Then other family members came out and also raised alarm. All the accused th










Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top