LAWS(P&H)-2011-1-262

GORA SINGH Vs. STATE OF PUNJAB

Decided On January 04, 2011
GORA SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS is a regular bail application by the accused -Petitioner Gora Singh in FIR No. 80 dated 10.10.2010, under Sections 307, 324, 323 read with Section 34 I.P.C. and under Sections 25/54/59 of the Arms Act, Police Station Joga, District Mansa.

(2.) IN nutshell, the case was registered on the statement of Darshan Singh @ Gautam Dass that on 09.10.2010, at about 5.15 p.m., he along with his "Bhagat" Jagroop Singh while coming back from the land, which was taken by him on mortgage and when they reached near the Crl. Misc. No. M -90 of 2011 resident of Shinder Pal Kaur, Shinder Pal Kaur along with her husband Kulwant Singh armed with Gandasa, Kala Singh armed with a Soti and Gora Singh armed with a pistol appeared and Shinder Pal Kaur stated that complainant be taught a lesson for asking money from them. On this, Gora Singh with intention to kill has fired from his illegal pistol, but it misfired. However, Kulwant Singh gave a Gandasa blow on his head with intention to kill and Kala Singh gave a Soti blow on his right shoulder.

(3.) IT is revealed from the record that accused has suffered grievous injuries by Gandasa and allegation against the accused - Gora Singh is that he has fired with intention to kill the complainant, however, pistol misfired. Petitioner - accused was having common intention with other accused, hence, in the opinion of this Court, it is not a fit case to release the accused -Petitioner on regular bail.