SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation and/ or application of the provisions of Section 319 of the Code of Criminal Procedure, 1973 (for short "the Code") is in question in these appeals. They arise out of a judgment and order dated 12.10.2006 passed by a learned Single Judge of the Punjab and Haryana High Court in Crl. Rev. No. 2073 of 2006 dismissing the revision petition filed by the appellants herein from an order dated 28.09.2006 passed by the Additional Sessions Judge, Gurdaspur whereby application of prosecution under Section 319 of the Code was allowed and the appellants were summoned to face trial for offences under Section 148/302 read with Section 149 of the Indian Penal Code.

(3.) A First Information Report was lodged by Balwant Singh (PW-1) alleging that while working on the fields at about 11.30 a.m. on 02.05.2005, he found Rajwinder Singh alias Raju being surrounded by the accused. He was attacked by them by their respective weapons in their hands, till they became sure of his death. After the accused left the place of occurrence, PW-1 went near Raju and made him drink water. Sarabjit Singh and Saroop Singh, appellants herein, while standing near the village, shouted that Raju had not died whereupon Gurdip Singh, appellant in Criminal Appeal arising out of SLP (Crl.) No. 19 of 2007, Hira Singh and Bhagwant Masih again came near him and caused further physical injuries to him. They thereafter fled away.