CRM No. 5166 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. 5166 of 2011 (O&M) Date of Decision : 28.02.2011 Lakhwinder Singh & others .......... petitioners Versus State of Punjab ...... Respondent CORAM : HON'BLE Ms. JUSTICE RITU BAHRI Present : Ms. Puja Chopra, Advocate for the petitioners. **** RITU BAHRI, J. Challenge in this petition is to the order dated 29.11.2010, passed by the learned Addl. Sessions Judge, Ferozepur, whereby the petitioners have been summoned to face trial under Sections 308, 323, 325, 34 IPC. Ms. Puja Chopra, learned counsel for the petitioners has vehemently argued that at the time of presentation of challan petitioners were kept in column No. 2. On the statement made by Manjit Singh injured on 29.11.2010 that all the petitioners had participated in the commission of crime, they have been summoned to face the trial. Statement of Manjit Singh could not be a sufficient ground to summon the accused / petitioners to face trial while allowing the application under Section 319 Cr.P.C. She has relied CRM No. 5166 of 2011 -2- upon the judgment of the Hon'ble Supreme Court in the case of Sarabjit Singh & Anr. vs. State of Punjab & Anr. 2009(3) R.C.R. (Criminal) 388 to contend that there was no sufficient evidence before the Court which would reasonably lead to conviction of the petitioners. While passing the impugned order the learned trial Court has examined the statements of PW-1 & PW-2, who are the star witnesses of the prosecution. They have specifically named HC Lakhwinder Singh No. 245/MKS, HC Ajmer Singh No. 2052/FZR and C. Sukhdev Singh No. 642/FZR, that they had participated in the commission of offence. The statement of eye witness recorded before the police is that 5/6 unidentified persons accompanied Prem Singh accused. In the statement of Manjit Singh it has been mentioned that after Prem Singh had given a Kulhari blow, all the above three petitioners picked him up and threw him in the bore well situated nearby. There was a common intention to harm the injured. The motive behind the occurrence was that Manjit Singh introduced accused Prem Singh and Lakhwinder Singh to the commission agency of Baliar Singh and Surinder Singh @ Chhnda Singh of village Jalalabad. Prem Singh and the above commission agents had a money dispute. All the three petitioners were placed in column No. 2 being police officials. In view of the fact that the presence of the petitioners is not disputed and they had a common intention and motive to harm the complainant, there is no infirmity in the order passed by the learned trial Court. CRM No. 5166 of 2011 -3- Consequently, the criminal miscellaneous is dismissed. 28.02.2011 (RITU BAHRI) 'sp' JUDGE