GURLAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Having exercised his right of regular bail and lost in the Court of Session, petitioner Gurlal Singh son of Teja Singh, has directed the present petition for regular bail in the present case, invoking the provisions of section 439 Cr.PC.

(2.) Concisely, the prosecution claimed that on 5.1.2008 at about 7.30 P.M., complainant Lakhvir Singh son of Baldev Singh and his brother Satvir Singh were going on their motorcycle. As soon as, they reached near the shop of Kaka Ram son of Dalip Singh and Satvir Singh brother of the complainant was about to go inside the shop, after parking the motorcycle, in the meantime, the accused came there. The complainant was urinating on one side. After hearing the noise, the complainant turned towards the place of occurrence and noticed that petitioneraccused Gurlal Singh son of Teja Singh, was firing bullet shots from his revolver, which hit his brother Satvir Singh. The remaining accused Maha Singh and Sikander Singh were giving fists and leg blows to Satvir Singh. In the wake of noise raised by the complainant, the accused fled away from the place of occurrence by raising lalkaras. Injured Satvir Singh succumbed to his injuries.

(3.) Levelling a variety of allegations, in all, according to the prosecution, the main accused-petitioner Gurlal Singh, fired bullet shots from his revolver, which hit Satvir Singh, resulting into his death, while the other co-accused gave fists and leg blows to him. On the basis of aforesaid allegations and in the wake of statement of complainant Lakhvir Singh, the present case was registered against the accused, vide FIR No.5 dated 5.1.2008 (Annexure P1), on accusation of having committed the offence punishable under section 302 read with section 34 IPC and sections 25 and 27 of the Arms Act, by the police of Police Station Dialpura, District Bathinda.