KAMAL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this Criminal Misc. petition, Kamal Kumar petitioner has prayed for the cancellation of anticipatory bail granted to respondents Nos. 2 to 4, namely, Deepak Kumar, Amritpal Singh alias Lucky and Santbir Pal Singh in case FIR No. 6 dated 28.1.2001 under Sections 323/325/34, Indian Penal Code (later on converted into one under Section 307, Indian Penal Code) of Police Station, Shahpur Kandi, District Gurdaspur.

(2.) THE prosecution case in brief is that Kamal Kumar and Vipan Puri are property dealers. They are partners in this business. On 17.1.2000 at about 4.30 PM, Kamal Kumar son of Khushal Chand and Vipin Puri were present in the house of Sarpanch Yadhvir Singh in connection with some function there. When they were returning to their house from the house of Sarpanch Yudhvir Singh after taking meals, one Dinesh Singh son of Bhum Singh of village Manwal was coming behind them. He was at a distance of 15/20 yards behind them. Near Oberai Service Station on the Pucca road, Santbir Pal Singh armed with iron pipe and Amritpal Singh alias Lucky armed with iron rod and Deepak Kumar alias Deepu armed with Dang were found standing. They were abusing loudly and were indulging into objectionable activities. Kamal Kumar, Dinesh Chand and Vipan Puri told them that they were going to the house of Sarpanch in connection with some function and they should not indulge into objectionable activities. Thereupon, Santbir Pal petitioner retorted Kamal Kumar, Dinesh Chand and Vipin Puri as to who they were to stop them and exhorted Deepak Kumar and Amrit Pal to catch hold of Kamal Kumar and Vipin Puri. In the meantime, Santbir Pal Singh gave a blow with iron road to Vipin Puri which hit his mouth on Jaws, as a result of which Vipin Puri fell down. Amritpal Singh who was standing nearby caught hold of him from his neck and gave blow with his iron rod which hit his mouth and then Deepak Kumar who was standing nearby started giving dang blows to Vipin Puri which hit on his back side and right arm and then Santbir Pal Singh gave blow with his iron rod which hit his nose and mouth. Kamal Kumar raise raula "Mar Ditta, Mar Ditta" and on his raising Raula, Dinesh Singh came to the spot and witnessed the occurrence. Ajay Puri who is the brother of Vipin Puri came to the spot and got admitted Vipin Puri in the hospital from where he was referred to Guru Nanak Dev Hospital, Amritsar.

(3.) VIPIN Puri was medically examined on 17.1.2001 at about 4.30 P.M. at Civil Hospital, Pathankot and the doctor found three injuries besides the complaint of general itching and pain. On 18.1.2001, X-ray report showed fractures of mandible and maxilla i.e. facial bones along with Dentoalveolar fractures. On 5.2.2001, injury No. 1 was declared dangerous to life. He was not in a position to close his mouth. He was not in a position to eat anything. His lower jaw and upper jaw were fractured. There were injuries on his face and his lower jaw was bleeding. He was not in a position to chew anything. At the time of his admission, he was in semiconscious state with multiple fractures on Mandile and there was loss of many teeth and he was in severe pain with bleeding from lower jaw. Learned counsel for the petitioner submitted that the injuries suffered by Vipin Puri at the hands of the accused were so severe that they should not have been allowed anticipatory bail. He was operated upon in the hospital. He suffered loss of teeth. Due to fracture of facial bones and jaws, his face has become permanently disfigured.