AMARJIT SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Amarjit Singh @ Babbu and Mahesh Sharma @ Kala are seeking regular bail in the present petition in case F.I.R. No. 83 dated 26.08.2009, under Sections 302/324/323/148/149 of the Indian Penal Code, registered at Police Station Cantt. Ferozepur, District Ferozepur.

(2.) LEARNED Counsel for the Petitioners has vehemently argued that Petitioner No. 1 - Amarjit Singh was wrongly shown as son of Om Parkash, while he is the son of Ram Parkash. He has further stated that Amarjit Singh was said to be armed with knife; while Petitioner No. 2 - Mahesh Sharma @ Kala was said to be armed with iron rod. Learned Counsel for the Petitioners has further argued that incident had occurred on 24.08.2009; while F.I.R. was lodged on 26.08.2009. Injured Rakesh Kumar (since deceased) was discharged from the hospital on 31.08.2009 and was again admitted in the hospital on 02.09.2009. Learned Counsel for the Petitioners, while relying on column No. 8 of Annexure P/5, has argued that Medical Board has reported that patient had a fall on 31.08.2009 and sustained injuries on right side of chest and complained of pain and swelling on right side of chest. Learned Counsel for the Petitioners, taking me to the opinion of the Board of Directors in Annexure P/5, has argued that cause of death of Rakesh Kumar was shown due to acute renal failure. Learned Counsel for the Petitioners has vehemently argued that Dr. Richard David -PW1 has stated on oath that deceased had died due to acute renal failure and he was also found to be Hepatitis CV Positive and drug addict. He has further vehemently argued that none of the injuries on the body of the deceased was found to be grievous and dangerous to the life. Learned Counsel for the Petitioners has further argued that if cause of death is renal failure which cannot be attributed to the injuries sustained by the injured, then no offence under Section 302 Indian Penal Code can be said to be have been made out against the Petitioners.

(3.) LEARNED Assistant Advocate General, Punjab has opposed the bail application.