MOHAN SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F.I.R. 126 dated 5.6.2000 has been registered at Police Station, Ajnala under Sections 307, 506, 427, 148, 149 Indian Penal Code and under the Arms Act on the statement of Uttam Singh wherein the following material allegations are found :

(2.) On 5.6.2000, at 5.30 a.m., 2nd petitioner Ranbir Singh, Ist petitioner- Mohan Singh and others came in attractor and tried to demolish the water course, and the wall of the water course on the southern side was shaken. Then at about 6 a.m. 2nd petitioner-Ranbir Singh, Daljit Singh, Ist petitioner- Mohan Singh each armed with a gun, Harpal Singh and others came with a tractor and Harpal Singh challenged that they are going to demolish the dirty water course and if anybody had the courage, then he can stop it. On this, the complainant, Dalip Singh, Gurmej Singh and Piara Singh came to the spot. On hearing the noise, lot of people including children had collected there. The petitioners and Dalbir Singh fired at the complainant and others 3/4 shots. The pellets hit advocate left eye, near eye brow of the complainant; below the left shoulder of Tej Kaur; on the left elbow, above the right shoulder and right leg of Avtar Singh; on the right wrist of Major Singh; on the right wrist of Jasbir Singh, on the right flank and right shoulder of Dilbag Singh. They raised a lalkara, demolished the water course and went away.

(3.) The application of the petitioners--Mohan Singh and Ranbir Singh for bail was dismissed by the learned Additional Sessions Judge, Amritsar. That is why the petitioners have approached this court under Sec. 439 Code Criminal Procedure for the same relief.