Decided on May 25,1999

STATE Respondents


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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