KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in FIR No. 45 dated 12.2.2009, under Sections 304-A and 302 IPC read with Section 34 IPC, registered at Police Station Sadar, Ferozepur.

(2.) Briefly stated, death of Sukhchain Singh, father of present petitioner had taken place on 31.10.2008 and during proceedings under Section 174 Cr.P.C. co-accused and brother of the present petitioner and another son of deceased had stated that he was going on his motor-cycle and that his father was going on different motor-cycle on 31.10.2008. At about 10.30 PM motor-cycle of his father got slipped, on account of which his father suffered injuries on his person and later on succumbed to the injuries. However, thereafter Gurdeep Singh, father of deceased i.e. grand-father of present petitioner-accused made a complaint to the police that the petitioner-accused alongwith his brother i.e. co-accused had killed their father Sukhchain Singh. On the said complaint, an inquiry was conducted by the Deputy Superintendent of Police and he came to the conclusion that Sukhchain Singh died on account of hitting by some unknown vehicle and hence FIR under Section 304-A IPC was registered.

(3.) Another application was made by Kuldeep Singh, father of deceased, on the basis of which another inquiry was conducted by S.P(D), who submitted his report on 18.07.2009 and in the said inquiry report he had concluded that the present petitioner-accused alongwith his brother Baljit Singh, both sons of deceased Sukhchain Singh, had killed him and hence offence under Section 302 IPC was added.