PARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) This petition under Sec. 438 of the Code of Criminal Procedure has been filed by Partap Singh son of Baz Singh, petitioner accused, for the grant of anticipatory bail in FIR No. 75 dated 12.7.2011 registered under Sections 323, 324, 326, 307, 506 read with Sec. 34 Indian Penal Code in Police Station Ghanie-Ke-Bangar, Tehsil Batala, District Gurdaspur. As per the contentions made therein, he has been falsely implicated and there is delay of four days in lodging the FIR. On the basis of the X-ray report, doctor had opined that the injuries, so found on the person of the injured, were simple and subsequently, those have been declared grievous without any such report of the expert. There was no ground for adding offences under Sections 326 and 307 Indian Penal Code and those have been added just for making the offence non-bailable.

(3.) This FIR was registered on the statement of Balkar Singh, who came out with the version that on 8.7.2011, he was going back to his house, after taking medicine for his daughter-in-law from Kala Afgana, when at about 6.30 p.m. he had covered some distance from the cremation ground of village Nana Chak, he saw that the present petitioner armed with kirpan, Gurmant Singh armed with a kirch and Harpreet Singh armed with a daang, along with one unknown person, came on the road from the field. The petitioner raised a lalkara and as soon as he reached near him, he gave a blow with kirpan on his nose, as a result of which he fell on the road. While he was lying on the road, the second blow was given by the petitioner on his head with the intention to kill him. Gurmant Singh gave a blow with his kirch on his right flank and Harpreet Singh gave two blows with his daang on his right ear and left eyebrow. The third blow with the kirpan was given by the petitioner on his neck. The said unknown person was armed with a datar and a blow with the help thereof, was given on his waist. He raised an alarm, upon which his wife Manjit Kaur came to the spot and freed him from the accused by making prayers to them. Thereafter, the accused left the spot with their weapons after criminally intimidating him.