ASA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this Crl. Misc. petition filed under Section 439(2) of the Code of Criminal Procedure, Asa Singh has prayed for the cancellation of bail allowed to Bachan Singh, Bhajan Singh and Harpal Singh accused in case FIR No. 347 dated 28.9.99 under Sections 306/323/34 IPC of PS Sadar Jalandhar in view of the provisions of Section 167(2) of the Code of Criminal Procedure by Additional Chief Judicial Magistrate, Jalandhar.

(2.) THE prosecution case, in brief, is that Surender Singh and others are brothers. Smt. Raj Kaur (who lost her life in this occurrence) was the wife of Surender Singh. Her jeth Bachan Singh did not have cordial relations with his brothers namely Surender Singh and others since 2-3 months prior to 9/99. There was bad blood in their house being generated by Bachan Singh towards his brother Surender SIngh and other brothers and he was on fighting spree with them.

(3.) AS Raj Kaur was nearing death, her statement was got recorded by the police. Shri Pushpinder Singh, Judicial Magistrate First Class, Jalandhar recorded her statement in which the reiterated what had been stated by her to the police. Raj Kaur died due to the burn injuries received by her at the hands of Bachan Singh, Bhajan Singh, Harpal Singh, etc. on 27.9.99. Offence was converted into one under Section 302 IPC in the wake of the death of Raj Kaur.