Lachhman Singh vs State of Punjab

G.S. Chahal, J.

Lachhman Singh and others have come up in this revision petition for setting aside the order dated May 3, 1991 passed by Additional Sessions Judge, Ludhiana.

The State has instituted a report under Section 173 against the petitioners with respect to two occurrences. It is alleged that on 21.9.90 Gurdial Singh, Paramjit Singh and Darshan Singh had gone to their fields to take a round of the same and examine the growing paddy crop which was ready for being harvested. They started for their return journey by two scooters. Darshan Singh was alone on the scooter and was going ahead of Paramjit Singh and Gurdial Singh, who were on the other scooter. When they reached bus adda, Talwara, Lachhman Singh, Kaka Singh and Rasham Singh armed with Soties, Wazir Singh armed with Dah were found standing near a room at the bus adda. Lachhman Singh raised a Lalkara that Darshan Singh be surrounded and be not allowed to go back alive. Darshan Singh turned his scooter towards kacha path leading to the electric motor of Ujagar Singh, but all the four aforesaid persons ran after him. At some distance, scooter of Darshan Singh slipped and he fell down and he then started running towards the electric motor. All the aforesaid persons, however, surrounded him and felled him in the paddy crop of Ujagar Singh and within the sight of Paramjit Singh and Gurdial Singh, they caused injuries to Darshan Singh, Paramjit Singh and Gurdial Singh had ran towards Darshan Singh and they had also raised raula. After causing injuries, they ran away taking their weapons with them. While going, they had threatened Paramjit Singh and Gurdial Singh that they will also meet the same fate if they approach the police. Darshan Singh died at the spot.

On the night following Lachhman Singh, Wazir Singh, Balwant Singh, Resham Singh, Surjan Singh, Gurdev Singh and Makhan Singh and Bitu murdered Binder Singh of village Kul Gehna.

Vide the impugned chargesheet the petitioners Lachhman Singh, Wazir Singh, Resham Singh and Kaka Singh were charged under Section 302 IPC and Lachhman Singh and other petitioners were charged for offence under Sections 148 and 302 IPC for the murder of Binder Singh.

Under Section 218 of the Criminal Procedure Code for every distinct offence of which any person is accused their shall be a separate charge, and every charge shall be tried separately. The Code provides some exceptions to the general rule. The only exception under which the case could possibly be brought is the one contained in Section 220(1). This Section runs as under

"220. Trial for more than one offence

(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence."

In the present case, the State has not been able to show how the two murders were part of the same transaction. In the order dated 3.4.91, Additional Sessions Judge, has not given any reasons to hold, even prima facie that the two occurrences were so connected together as to form same transaction. In the first occurrence, Kaka Singh accused had participated but he was not in the gang which committed the second offence. The two murders were committed at different time and different places. The case does not fall in the exception. It is clear misjoinder of charges. I hereby quash the impugned order and the charges framed. The trial Court will proceed in accordance with law. With these directions, the petition stands disposed of.