SURAJ PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SURAJ Parkash and his brother Bhalla Ram are seeking bail in FIR No. 283 dated June 24, 2000 under Sections 302/201/419/420/465/506/120-B and 34 IPC registered at Police Station Kotwali Bathinda. The prosecution case is that Gurdip Singh, deceased had left the house on June 22, 2000 along with Dharminder, brother of the petitioners, but die not return. On June 24, 2000 the complainant came to know from one Jagjit Singh that Dharminder was alive. According to the complainant Dharminder and Nazar Singh had murdered Gurdip Singh, thereafter the dead body of Gurdip Singh, which was in an unidentifiable state was identified to be that of Dharminder and cremated. The accused had managed to hoodwink every one by saying that Gurdip Singh's dead body was actually his, at the inquest the petitioners had seen present and had given a wrong identification.

(2.) THE petitioners are not alleged to have been a part of the actual conspiracy, which led to Gurdip Singh's murder, but have been arrested for identifying Gurdip Singh's body as that of their brother Dharminder. It is contended that this offence was only one under Section 201, IPC. The dead body had been presumed to be that of Dharminder and indeed Gurdip Singh's parents had also attended the cremation thinking it was the dead body of Dharminder's cremation. It seems that every one was hoodwinked and even the petitioners may have presumed it to be Dharminder's dead body, whereas this was not so.