MANJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Petitioner seeks regular bail in a case registered against him on 20.4.2010 for the offences under Sections 307, 382, 324, 325, 323, 452, 148 and 149 IPC as also Sections 326, 450 IPC and Section 25 of the Arms Act which were added later.

(3.) The FIR in the case is registered on the statement of Vijay Kumar Verma who has alleged that on 19.4.2010 his son Maninder Kumar Verma came home from sheller at about 11.00 p.m. from Abhiana Mandi. A big stone was lying in front of the house of Charan Singh son of Kehar Singh. The son of the complainant removed the stone. Then Charan Singh objected to that who was he to remove the stone. Then Maninder Kumar son of the complainant said that it was difficult to pass the vehicle with the stone being there. Charan Singh uttered bad words and said that he would see him. The complainant was sleeping with his family on the 'Chaubara' of his house. At about 11.00 p.m. he heard a noise of knocking on their main gate. Then all of a sudden 7-8 persons came to the 'Chaubara' and by forcibly opening the door through stairs came in. Lights were on outside the 'Chaubara' and court-yard. The complainant saw after coming from his room that Charan Singh was holding a 'Danda' Parkash Kaur wife of Charan Singh was holding a 'Soti'. Narinder Singh and Manjinder Singh alias Lucky (Petitioner) sons of Charan Singh were holding Kirpans. Jagdish Singh son of Gurnam Singh and Jaswinder Singh son of Baldev Singh were empty handed. Besides, there were two unidentified persons who were holding 'Kirpans' in their hands and were standing in the courtyard of their 'Chaubara'. Narinder Singh raised 'Lalkara' and asked Maninder Kumar to come out as they were to kill him on that day because he had hurled abuses to their father. In the meantime, Maninder Kumar came out on hearing the noise. Jagdish Singh and Jaswinder Singh caught hold of Maninder Kumar. Narinder Singh with an intention to kill Maninder Kumar gave a 'Kirpan' blow which hit on his head. Then Manjinder Singh alias Lucky (Petitioner) gave a Kirpan blow on the head of Maninder Singh. The Petitioner has also been attributed a rod blow on the head of Saurav, which hit Saurav on the back side of his head. As per medical report (Annexure-P.1) of Maninder Kumar Verma as regards injury on skull, no bone injury was observed. According to learned Counsel for the Petitioner, Maninder Kumar was discharged after two days. As regards Saurav Verma the report is there from R.P. Advanced Diagnostic Centre, Ropar which according to the learned Counsel for the Petitioner is a private institute. In any case, on CT scan of the head, a fracture of occipital bone with overlying soft tissue scalp swelling described was found. Therefore, a fracture of the occipital bone is there on the person of Saurav Verma which injury is attributed to the Petitioner.