J.R.CHOPRA,J. - (1.) THIS petition under Section 482 Cr.PC has been filed against the order of the learned Munsif and Judicial Magistrate, Surat -Garh dated 29 -2 -1988, whereby the learned Magistrate has taken cognizance against the accused -petitioners Gurmail Singh and Baljeet Singh for the offences under Sections 302 read with Section 34, IPC on a private complaint which was filed by one Kaluram father of deceased Ramlal on 17 -9 -1986.
(2.) THE facts necessary to be noticed for the disposal of this petition briefly stated are that deceased Ramlal son of complainant Kaluram and one Chetram were working as Labourers with the accused -petitioner. It is alleged that on 5 -8 -1986, Ramlal went to the field of the accused -petitioners but did not return. Initially, Kaluram lodged a FIR on 7 -8 -1986 at about 5 p.m. at Police Station, Pilibanga to the effect that on 5 8 1986, his son Ramlal went to the field of the accused petitioners but he did not return. In the evening, he went to accused Gurmail Singh to enquire as to why his son Ramu has not returned. Accused Gurmail Singh informed him that he was in the field upto 11 a.m. with Baljeet Singh. At that time, Ramu and Chet Ram were working in the field. Thereafter, Chetram came to him at about 3.30 p.m. and informed him that Ramu has left the field informing him that he was feeling pain in his stomach. On this, Kalu went to Ayalki and enquired from his grant niece as to whether Ramu has come there but she informed him that Ramu has not come there. On this, he came back to his village and again approached Gurmail Singh and he along with Gurmail Singh, Sohan Singh and Prabhu etc. went to the house of Chetram and enquired from him as to where Ramu has gone because he has not gone to Ayalki. On persuation, he confessed his guilt and told that on the date of the occurrence, he prepared tea for himself and Ramu but it was not prepared properly on which Ramu slapped him. Amarjeet Singh rescued him. He got highly enraged on account of this beating and about 1 p.m., when Ramu was sleeping, he inflicted a Kassi blow on his neck which resulted in his death. Thereafter, he threw his body in the high -standing cotton crop. It is alleged that Chetram accompanied all these persons and pointed out the dead body of Ramu lying in the cotton field. He had several injuries on his person. On the information of Chetram, the blood stained Kassiya was also recovered and his blood stained Payjama and Shirt were recovered. His shoes were blood stained and so he threw them in the water channel and these shoes have been recovered at his instance. The person who rescued him from beating by Ramu i.e. Amarjeet Singh has also been examined. After usual investigation, the case was challaned before the learned Magistrate, who after taking cognizance of the offence committed it to the court of learned Sessions Judge for trial. Accused Chetram is now facing trial for the murder of Ramu before the learned Additional Sessions Judge No. 2, Hanumangarh. How ever, it appears that after some time, Kalu changed his mind and lodged this private complaint on 17 -9 -1986 alleging therein that Ramu has established illicit relations with the wife of Baljeet Singh and that fact came to the notice of the accused -petitioners and, therefore, it is alleged that accused petitioners Gurmail Singh and Baljeet Singh have actually killed him. At the time of the occurrence, accused Chetram was there and he was sent to fetch water. When he came back, he found that they have killed Ramu. Chetram asked from them as to what they have done they have stated that he should not open his mouth, otherwise he will be killed. Complainant Kalu has submitted that a report about this incident was lodged by him under misconception. In this complaint he has cited Birbal and Chetram as eyewitnesses. Accused Chetram is the same person who is facing trial for the murder of Ramu and Birbal is the father of accused Chetram.
(3.) ON the basis of this complaint, the learned Magistrate has taken cognizance against the accused -petitioners Gurmail Singh and Baljeet Singh for the offences under Section 302 read with Section 34, IPC. Hence this petition.;