CHARAN SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Petitioners, Charan Singh and Sukhjinder Singh, have filed this petition under Section 439 of the Code of Criminal Procedure for the grant of regular bail in FIR No. 242 dated 18.12.2008, registered under Sections 302, 328, 342 and 34 IPC in Police Station Patti, District Tarn Taran. They have contended therein that they are innocent and have been falsely implicated on the ground of extraneous reasons. During the investigation, they made representations and the investigation was entrusted to the DSP, Sub Division Patti, who after thorough investigation came to the conclusion that they have been falsely implicated on account of party faction. It is very much clear from the report of the chemical examiner that the deceased had died as a result of chlorocompound and not as a result of fist and kick blows given to him, as alleged in the FIR. During the investigation it transpired that a minor scuffle had arisen between the parties and there is no evidence that they administered any poisonous substance to Crl. Misc. No. M - 9002 of 2011(O&M) -2 the deceased. They are coming in custody from the last two years and three months and there is no hope of the conclusion of the trial at some early date.

(2.) THIS FIR was registered on the basis of the statement of Sarbir Singh, father of Davinder Singh deceased. It is narrated therein that on the day of occurrence Balbir Kaur came to the house of the complainant and told that her son Sukhjinder Singh Fauji has come on leave and was calling the deceased to talk with him. The deceased accompanied Balbir Kaur to their house and about 4.00 PM, the complainant and his family members heard a noise from the house of Charan Singh and he accompanied by his wife Jaswinder Kaur and Harjit Singh went to that place. They saw that the present Petitioners/accused and Jaspreet Kaur had thrown the deceased in the courtyard of their house and were giving fist and kick blows in his abdoman and at the same time were saying that they were to teach a lesson to him for teasing Jaspreet Kaur. When the complainant and others raised an alarm, all the accused escaped from that place. They were told by the deceased that the accused forcibly administered some poisonous substance to him. As per the prosecution version the deceased was removed to the Civil Hospital Patti and was admitted at that place. After his death post mortem examination was performed on his dead body, but the opinion about the cause of death was deferred and the viscera of the dead body was sent for chemical examination. The chemical examiner reported that the same contained chlorocompound a group of insecticides. Thereafter, it was opined by the doctor that the cause of death was on account of that chloro -compound poisoning.

(3.) NO doubt the injuries found on the dead body were not the cause of death and as per the doctor the cause of death was poisoning, but it is very much clear from the contents of FIR itself that it was disclosed by the deceased to the complainant and others that he had been administered some poisonous substance by the accused. The statement so made by him is to be treated as dying declaration. There are reasonable grounds for believing that the Petitioner/accused committed offence under Section 302 IPC. There may be some delay in the conclusion of the trial, but the same, as is clear from the contents of the petition itself, is on account of summoning of the additional accused.