DALVEER SINGH AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Bail Applications are moved seeking regular bail in FIR No. 124 of 2015 under Sec. 147, 148, 149, 302, 307, 504, 506, 34 of IPC, P.S. Sitarganj, District Udham Singh Nagar. Mr. Harshpal Sekhon, learned counsel appearing for Dalveer Singh, Mr. Vipul Sharma, learned counsel appearing for Gurdev Singh and Mr. Suresh Chandra Bhatt, learned counsel appearing for Jagvir Singh and Lakhvir Singh have stated that all the applicants were armed either with stick or sword, however, there was no injury on the body of the deceased Jaymal Singh and injured Surjeet Singh and Suveg Singh caused by stick or sword. They further contended that deceased Jaymal Singh and injured Surjeet Singh and Suveg Singh were having only gunshot injuries, therefore, applicants should be enlarged on bail.

(2.) As per the prosecution story, on 17.07.2015, at 10:00 a.m., when Jaymal Singh, deceased, injured Surjeet Singh along with injured Suveg Singh were present in their agricultural field, 17 accused named in the FIR came on the spot armed with firearm, sword and sticks and started firing and assaulting with intention to kill them. Having received gunshot injuries, Jaymal Singh died on the spot while Surjeet Singh and Suveg Singh were referred to the hospital. After committing the crime, all the 17 accused left the spot together.

(3.) As per Sec. 149 IPC, coming on the spot armed with the deadly weapons and after committing the crime, leaving the spot together clearly demonstrates common object. If common object is demonstrated specific role played by each and every accused becomes irrelevant.