RAGHBIR SINGH @ LUCKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners Raghbir Singh @ Lucky and Paramjit Singh @ Pammu seek grant of regular bail in a case registered vide FIR No. 30 dated 26.2.2020 under Sections 302, 307, 354, 341, 323, 365, 506 and 148/149 of IPC and under section 3(1)(s) of SC and ST (Prevention of Atrocities) Act 1989 at Police Station Adampur, District Jalandhar.

(2.) The F.I.R. was registered at the instance of Smt. Parveen Kumari, wherein it is alleged that on 25.2.2020, when she along with her 'devar' (younger brother of husband) namely Ravi Pal along with her two daughters were proceeding from their house to her parental home on a motor-cycle and were barely 50-60 yards from their home, they were waylaid by six youths namely Lucky (petitioner Raghbir Singh) son of Manjit Singh, Raja (Rajinder Singh) son of Sarabjeet Singh, Sandip Singh son of Dev Raj, Pammu (petitioner Paramjit Singh) son of Bali, Jassa son of Pargat Singh, who surrounded them from all sides. It is alleged that Raja pulled her down from the motorcycle by catching hold of her hair and gave beatings to her and also attempted to molest her. It is alleged that thereafter Jassa gave a blow with 'dattar' on head of complainant's 'devar' Ravi Pal upon which he fell down and thereafter all other accused gave merciless beatings to him and also uttered derogatory words about their caste. Upon alarm raised by them, her 'devrani' (sister-in-law) Rekha Rani came there to rescue them but even she was caused injuries. Subsequently, upon other villagers being attracted to the spot, the said accused fled away from the spot on motorcycles of 5 6 unknown persons. It is further the case of prosecution that although Ravi Pal was taken to hospital but he succumbed to his injuries on 29.2.2020.

(3.) The learned counsel for the petitioners has submitted that they have falsely been implicated in the present case and that the falsity would be evident from the following facts: