TEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the above mentioned three petitions filed on behalf of Tek Singh, Lakhvir Kaur @ Nasib Kaur, Jasvir Kaur and Sarwan Singh seeking grant of anticipatory bail in a case registered against them vide FIR No.146 dated 28.5.2019 under Sections 324/323/148/149 IPC (Sections 325 and 308 IPC added later on vide DDR No.29 dated 9.9.2019) registered at Police Station Talwandi Sabo, District Bathinda.

(2.) The FIR in question was lodged at the instance of Baltej Singh wherein it has been alleged that on 11.5.2019 when he along with his son Raj Karan Singh @ Kala was irrigating his fields, then complainant's elder son Rajwinder Singh accompanied by Sarwan Singh, Balkar Singh, Nasib Kaur @ Lakhvir Kaur and Jasveer Kaur, Tek Singh, Gurcharan Singh and one unknown person came there and caused injuries to the complainant and to his son Raj Karan Singh. It is alleged that Rajwinder Singh gave a blow with 'Gandasi' on the left leg of the complainant. Sarwan Singh is stated to have given a blow with axe hitting the complainant's head. Balkar Singh is alleged to have given a 'Daang' blow on the complainant's left ear and also on his back. When the complainant's son Raj Karan Singh @ Kala tried to rescue him then he was also caused injuries by accused with axe, 'gandasi' and sticks.

(3.) Learned counsel for the petitioners submits that it is basically a case of dispute over land among members embers of the same family pertaining to possession of property and that the accused include the wife, son and daughter-in-law of the complainant and that the petitioners have falsely been implicated. It has further been submitted that even if the allegations levelled in the FIR are taken as correct, still no offence under Section 308 IPC can be said to be made out, which has infact been added by police at subsequent stage after 4 months of lodging of the FIR.