JAGTAR SINGH @ KAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The Petitioner seeks regular bail in a case registered against him on 15.1.2010 for the offences under Sections 302, 34 and 201 IPC.

(3.) The FIR has been registered on the statement of Ram Singh alias Ram (complainant) who was working as a servant in the house of the neighbor of Jagtar Singh (Petitioner) and his son Jagminder Singh. The complainant Ram Singh @ Ram on 1.12.2009 at about 7 o' Clock heard a loud noise from the house of the Petitioner Jagtar Singh and his son Jagminder Singh. When he looked through the adjoining wall, he was surprised to see that the Petitioner Jagtar Singh and his son Jagminder Singh were severely beating Pappu who was a migrant labour as also their daughter-in-law namely Sukhwinder Kaur. In the scuffle, Sukhwinder Kaur, daughter-in-law of the Petitioner ran away from the house by rescuing herself. She took shelter in the house of Jaswant Singh, Ex-Sarpanch. The Petitioner and his son beat Pappu continuously and blood was oozing out from his head. On seeing the beating of Pappu, the complainant raised an alarm and he called others for help him. In the meanwhile, Jagtar Singh (Petitioner) and his son Jagminder Singh put Pappu in their car and fled away in it. On the next day, the complainant Ram Singh @ Ram asked about the whereabouts of Pappu from the Petitioner and his son and they told him that he was admitted in the hospital. They also objected as to why the complainant was inquiring about him. The complainant continued to inquire about Pappu on many days from the Petitioner and his son, but they always asked him to remain quite and represented that he was admitted in the hospital and after his discharge, he would meet him. When the complainant did not come to know about the whereabouts of Pappu, he felt that he had been killed and his dead body was disposed of. Accordingly, the FIR was registered in which a prayer was made by the complainant for recovering the dead body of Pappu and taking legal action against the Petitioner Jagtar Singh and his son Jagminder Singh.