TARLOCHAN SINGH Vs. STATE
HIGH COURT OF JAMMU AND KASHMIR
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ARUN KUMAR GOEL, J. -
(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.
Complainant accompanied by Tarjinder Singh, Jasbir Singh and Mst. Parsan Kour went to the fields and diverted the water in a manner
that it started cultivating their fields. This was the cause of annoyance
to the accused -persons. After having diverted the water, complainant
accompanied by three other named above was on his way back to their
houses. While all of them had reached outside their village near a
Sareenâ„¢ tree, Bus bearing Registration No. JKO2 -E 8815 was found there,
owned by Balbir Singh. At such time, it was being driven by Tarlochan
Singh Driver and other five persons, namely, Ranjit Singh, Avtar Singh,
Balbir Singh, Harbans Singh and Balkar Singh were sitting inside the bus.
Further case of the prosecution is that all of them had formed an
unlawful assembly and gave a Lalkara loudly directing petitioner -1
Tarlochan Singh, accused -driver of the bus to drive the same in question
with a view to over run the complainant and his companions, so that the
daily trouble is brought to an end. At this point of time, Gurmit Singh
got to Aad Banna of the field alongwith Mst. Parsan Kour and Tarjinder
Singh got on to the Aar Banna alongwith Jasbir Singh. Despite that
Tarjinder Singh at the instance of Ranjit Singh, etc. diverted the bus
and then accelerated the same towards the Aad Banna. Both Tarjinder Singh
and Gurmit Singh saved themselves by jumping, whereas Jasbir Singh and
Mst. Parsan Kour were engulfed with the Bus. Both of them were injured.
Meanwhile Tarlochan Singh alongwith others fled away from the spot
towards National Highway. As per the statements recorded under Section
161 Cr. P. C. particularly of Tarjinder Singh and Gurmit Singh, it is clear that all the six above named persons with a criminal and common
intention to commit the murder had made the Bus to over run. This was on
furtherance and after the Lalkara was given as aforesaid that Trilochan
Singh drove the Bus.;
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