- (1.) The epitome of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, complainant Sumandeep Singh son of Satpal Singh (respondent) (for brevity "the complainant") filed a criminal complaint(Annexure P-1) against the petitioners Sarabjit Singh, Kawaljit Singh and their other co-accused Kulbir Singh son of Amrik Singh, under Sections 302/34 IPC, inter alia, with the following allegations :- "That on 18.11.2005, deceased and Kulbir Singh accused quarreled with each other at Fatehgarh Churian and Complainant was with his father at that time. Kulbir Singh threatened Satpal Singh that you have beaten me with the help of your son and he (Kulbir Singh) would kill you to death, and your whole family would not be able to do anything. Deceased Satpal Singh was headof his whole family. On 20.11.2005 Kulbir Singh spent half day with Sarabjit and Kawaljit house. That on 21.11.2005 at about 6.30 p.m., Complainant and Harmanjit Singh were present at Malewal on the Fatehgarh and D.B.N. Road and saw Satpal Singh on his motorcycle coming from Fatehgarh Churian and went towards Dera Baba Nanak and soon after saw accused Kulbir Singh driving his car bearing Regd. No. PB-58-6695 along with two more persons having wrapped lohi on their faces one was sitting in front seat and other sitting on back seat of Maruti car 800 CC. Taking apprehension Complainant and Harmanjit Singh followed them on their scooter. After covering about kilometers reached near the car of accused party and person sitting in front seat along with Kulbir Singh exhorted to Kulbir Singh to hit car and kill Satpal Singh and on this Kulbir Singh hit his car with the motor cycle of Satpal Singh. On hearing lalkara Satpal Singh took his motorcycle towards kacha portion of the road but on receipt of hitting car to his motor cycle Satpal Singh fell down and his turban fell down and he started to run to save his life. In the meantime, all the three accused came out of the car chased and surrounded Satpal Singh and all this was witnessed in the light of scooter and car as light of the vehicles were on. At that time, Kulbir Singh was armed with datar whereas accused Sarbjit Singh and Kawaljit Singh were having hockey in their hands. Complainant and Harmanjit Singh raised alarm but in their sight Kulbir Singh inflicted datar blow on the left side of the head of Satpal Singh and later fell down than Sarabjit Singh gave hockey blow on the right side of forehead of Satpal Singh, then second blow with datar was caused by Kulbir Singh on the left ear of Satpal Singh. Kawaljit Singh then gave hockey blow above right eyebrow of Satpal Singh then all the accused gave more injuries, whenever Complainant came forward to save his father all the accused threatened and chased to kill him and Harmanjit Singh. After seeing Satpal Singh motionless, all the accused went in the same car towards Dera Baba Nanak. Complainant and Harmanjit Singh then went near Satpal Singh and tried to shift him to P.S. Dera Baba Nanak but Satpal Singh died on the spot. That all the accused came down at petrol pump situated on the Fatehgarh - Dera Baba Nanak road to fill up fuel in the car and both accused who had wrapped lohies put off from their faces and were identified as accused Sarabjit Singh and Kawaljit Singh by Balwinder Singh son of Sh.Jasbir Singh, resident of V.P.O. Kalanaur who had come with his companion Mohinder Singh also to fill up fuel in their scooter. All the three accused were heard saying to each other that Satta might had died till now."
(2.) The case of the complainant further proceeds that after the occurrence, all the accused decamped towards Dera Baba Nanak side. He (complainant) remained with the dead body of his father and sent Harmanjit Singh to lodge the report, where SHO Manmohan Singh met him. He narrated the entire sequence of events and the SHO assured him to take appropriate action against the accused after the spot inspection. Subsequently, the police termed the occurrence as accident case under the political pressure of the accused.
(3.) Levelling a variety of allegations, narrating the sequence of events contained in the complaint(Annexure P-1) and attributing the specific motive, in all, according to the complainant that all the accused including the petitioners, have committed the murder of his father Satpal Singh. On the basis of aforesaid allegations, the complainant filed the complaint(Annexure P-1) against the petitioners-accused in the manner depicted hereinabove.;