SUMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 438, Cr. P.C. seeking pre-arrest bail in a case registered against the petitioner under Sections 302, 341 read with Section 34, IPC and 25 of the Arms Act at Police Station Shahkot, District Jalandhar, vide FIR No. 100 dated 16th May, 2008.

(2.) The FIR was lodged by one of the accused Rajwinder Singh alias Raju, who alleged that on 16th May, 2008 at about 6.30 p.m. he saw his father Karnail Singh returning to the village on a motor cycle. When he reached near a heap of potatoes in the fields of one Gurdial Singh, another motor cycle came from behind at a fast speed. The persons riding the motor cycle encircled Karnail Singh and knocked him down. Rajwinder Singh rushed towards his father along with another person Gurdeep Singh. In the meantime, two gunshots were heard and his father (Karnail Singh) fell down saying "Hai Mar Gaya". Thereafter, both the assailants fled away on their motor cycle towards Moga. After FIR was lodged, investigation ensued. The investigating agency, however, came to an entirely different conclusion. It arrived at a finding that deceased Karnail Singh was not being looked after well by his sons and their wives. He was, thus, contemplating remarriage. Rajwinder Singh and two of his brothers Amandeep Singh and Sumandeep Singh (who were residing abroad), did not appreciate Karnail Singh's plan to marry again as it would lead to further division of property. All the three, thus, conspired to kill their father and hired contract killers Happy and Hira for this purpose. During investigation, accused Tejinder Singh alias Minku is stated to have suffered an extra-judicial confession regarding murder of Karnail Singh at the behest of his sons. Initially, accused Rajwinder Singh and Tejinder Singh alias Minku were arrested in the case, sent up for trial but were acquitted by the trial Court on 1st July, 2009 observing that the matter had not been taken to its logical end by the investigating agency as it had failed to investigate the case properly. After acquittal of Rajwinder Singh and Tejinder Singh, another accused Harbhajan Singh alias Happy was arrested and put on trial but was acquitted for the same reasons. Amandeep, another son of the deceased, who is residing in abroad, preferred a pre-arrest bail application before this Court, which was granted. He faced trial but was acquitted as most of the prosecution witnesses turned hostile. The third son of the deceased, who is also living abroad, has preferred the instant petition seeking the same relief (pre-arrest bail).

(3.) Learned counsel for the petitioner has vehemently argued that all co-accused have been acquitted by the trial Court. She has referred to order passed in the case of Amandeep Singh, brother of the present petitioner (Sumandeep Singh) and contends that the petitioner is entitled to same relief as granted to his brother. According to her, the petitioner is no longer required for further investigation and he is ready to face trial. Moreover, the petitioner has a strong case on merits as co-accused have already been acquitted.