SUKHVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Order shall dispose of three petitions i.e CRM-M-32725-2019, CRM-M-33776-2019 and 34558-2019. Petitions have been filed by Sukhvir Singh @ Kala, Gurpreet Singh and Avtar Singh respectively.

(2.) In the present case, FIR No.161 dated 16.06.2019 under Sections 341, 323, 324, 379-B, 365, 148, 149 IPC at Police Station Sadar Dhuri, District Sangrur was lodged against four accused, namely, Sukhvir Singh @ Kala, Avtar Singh, Jagjit Singh @ Joga and Kalu Singh. After investigation, another co-accused, namely, Gurpreet Singh who is the petitioner in CRM-M-33776-2019 was nominated on the basis of the disclosure statement made by one of the co-accused. According to learned counsel for the petitioners, the allegations contained in the FIR are that there was a protest by some of the villagers against the auction of shamlat land by the B.D.P.O and after the protest when some of the protesters were going back home, petitioners had made a gherao of them and gave multiple beatings to them, as a result they had suffered multiple injuries.

(3.) Learned counsel for the petitioners has further submitted that it was a case of rivalry in the village because the petitioner Sukvir Singh @ Kala is the present Sarpanch of the village and therefore, the petitioners have been roped in the present controversy and according to learned counsel for the petitioners they are not involved in the alleged occurrence. Learned counsel for the petitioners have further submitted that after lodging an FIR another DDR was also registered vide Annexure R-l which is filed with the affidavit filed by the State in which one of the co-accused namely, Jagjit Singh @ Joga was attributed the allegation with regard to the caste of the complainant. He has further submitted that so far as this person is concerned, he has been exonerated by the police during the course of investigation, therefore, the allegation under the SC and ST Act does not survive against the Jagjit Singh @ Joga. He has further submitted that there is no allegation against these three petitioners so far as invoking of SC and ST Act. Learned counsel for the petitioners has further submitted that in pursuance of the orders passed by this Court on 20.08.2019, 21.08.2019 and 22.08.2019 wherein they were granted interim protection by this Court, the petitioners have joined the investigation and are fully co-operating with the investigation process. Learned counsel for the petitioners in all the three cases have categorically submitted that they undertake to co-operate with the investigation process in future also and they would visit the police station whenever they are required by the police in this regard.