TARLOCHAN SINGH ALIAS TOCHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of the above noted four petitions i.e., Crl. Misc. No. M-24097 of 2010, filed by Tarlochan Singh alias Tochi; Crl. Misc. No. M-24331 of 2010, filed by Raj Kumar alias Raju; Crl. Misc. No. M-27956 of 2010, filed by Mainpal; and Crl. Misc. No. M-31248 of 2010, filed by Ishar Singh, for the grant of pre-arrest bail in FIR No. 79 dated 23.06.2010, under Sections 323, 325, and 341/34 IPC, (under Sections 420, 167, 211 & 120-B IPC added later on) registered at Police Station, Julkan, District Patiala.

(2.) The original FIR was registered on the basis of statement of Avtar Singh on the basis of a letter written by him to Gurcharan Singh ASI, for registration of a case alleging that Baljit Singh, Karam Singh, Nasib Singh, sons of Ishar Singh and Ishar Singh waylaid and attacked him as he had asked them as to why they had picked quarrel with his brother Jagroop Singh. Karam Singh had allegedly given a gandasi blow on the forehead of Avtar Singh. Karam Singh had also inflicted a gandasi blow on the little finger of his left hand. Baljit Singh allegedly gave a dang blow on his elbow of right arm. Ishar Singh and his son Nasib Singh gave leg blows. On raising alarm, Major Singh and Shamsher Singh, his younger brother reached on the spot and rescued him. Shamsher Singh brother of Avtar Singh had admitted him in the hospital.

(3.) As per the above said FIR, Baljit Singh, Karam Singh and Nasib Singh sons of Ishar Singh and Ishar Singh accused had been attributed injuries on the person of complainant Avtar Singh. The police of Police Station, Julkan, during the course of investigation, was informed that the accused party had also suffered injuries at the hands of the complainant as there was a quarrel between two groups in the village. The accused party in the FIR was admitted in Rajindra Hospital, Patiala, for treatment of their injuries and the injuries suffered by them fell under Section 326 IPC. The Investigating Officer had some suspicion regarding the injuries who on further investigation found that the injuries under Section 326 IPC had been fabricated by accused persons in connivance with employees of Rajindra Hospital. The police, on the basis of such investigation, picked up some employees of Rajindra Hospital i.e., Monu son of Rajinder Singh, Bikram Singh son of late Suresh Kukmar and Mangal Singh son of late Buta Singh. The above said persons were arrested by the police, under Sections 420, 167, 211 and 120-B IPC, on 03.08.2010. Their police remand was obtained by the police and subsequently again vide application dated 04.08.,2010, the police sought remand for three days of the said accused alleging that three accused named in the FIR had connived with Baljit Singh and others and fabricated the injuries under Section 326 IPC. Bikram Singh and other two accused confessed before the police regarding the fabrication of the injuries under Section 326 IPC, by fracturing the bone of the palm of Baljit Singh in Govt. Quarter of accused Monu by taking Rs. 20,000/-. The pills and weapons used by Monu and Bikram Singh, for fabricating the injuries were recovered along with sum of Rs. 20,000/-. Vide application for remand on 04.08.2010, it was averred that some more cases were to be detected.