The charges framed against Kewal Kishan are, inter alia, under Section 120B/307 read with Section 34 IPC and Sections 27/30 of the Arms Act.
This was attended by appellant number 1, Tej Bir, his father Pratap Singh, uncle Ranbir Singh and companysin Shishpal Singh.
After the demise of these two brothers, some disputes with respect to the finances and property of the family arose.
Kewal Kishan is married to Raj Bala.
The accused Raj Bala, with her son Sarveshwar alias Jony had gone to attend the panchayat.
The round fired by Sarveshwar hit Narendar, appellant number 2 in his belly, while the round fired by Raj Bala hit Tej Bir, appellant number 1 in his right arm.
It is stated that they then fled from the scene in a car Maruti Alto , bearing number HR 06M 2755, registered in the name of the said Kewal Kishan.
Resultantly, the mother and the son pulled out their pistols and fired a round each.
Mehar Singh also fired a round.
The police were informed of this incident and the Inspector Station House Officer of Police Station, Assandh reached the said Community Health Centre, and preferred an application to the Medical Officer so as to know the position of the injured.
It was repeatedly stated in the F.I.R. that the entire companyspiracy was hatched by Kewal Kishan.
P.C. An F.I.R. was then registered against Kewal Kishan, Mehar Singh, Raj Bala and Sarveshwar.
The injured persons were immediately admitted to Community Health Centre, Assandh.
The fourth person named in the F.I.R., Sarveshwar escaped arrest.
A licensed revolver of 0.32 bore, and 4 live rounds were seized from the possession of Raj Bala.
P.C. was submitted to the Magistrate with respect to Kewal Kishan, Mehar Singh and Raj Bala.
After the companypletion of the investigation, a Final Report under Section 173 Cr.
Others who attended the panchayat included Narendar, Mahender Singh, Balwant Singh, Som Dutt, Mehtab, Jai Bhagwan and Jasmer Singh.
On being satisfied that the injured persons were fit to be examined by the police, the Inspector examined the injured, and recorded their statements u s. 161 Cr.
Thereafter, charges were framed.
It was further submitted that during the companyrse of the panchayat, an altercation arose between those present, and Raj Bala and Sarveshwar.
This appeal has been preferred from the judgment of the learned Single Judge of the High Court of Punjab and Haryana dated 1st April, 2010, in Criminal Revision No.1486/2009 O. M. whereby charges framed by the learned Additional Sessions Judge, FTC Karnal, Haryana dated 17th February, 2009, in M.S.C. case No.41/2009 against Kewal Kishan, one of the accused, was quashed.
GANGULY, J. Leave granted.
The same day, Kewal Kishan, Mehar Singh and Raj Bala were arrested, and the said car belonging to Kewal Kishan was taken into possession.
To resolve these disputes, a panchayat was companyvened on 29th June, 2008 at Ram Narains house in the village Risalwa.
Kewal Kishan preferred an application under section 401 of the Code of Criminal Procedure, 1973 before the High Court, whereby the High Court quashed the order of Additional Sessions Judge with respect to the charges framed against Kewal Kishan inter alia on the ground that there was numberevidence against him.
According to the appellant number 1, who was the informant in the said F.I.R. No.217 dated 29.6.2008 the facts of the case are that Ram Narain had three sons Sher Singh, Kehar Singh and Mehar Singh and a daughter Raj Bala.
Sher Singh was murdered on 29th March, 2005 and was survived by his wife Babita and two children.
