BALJINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of pre-arrest bail to the petitioners, who are accused in cross-version got recorded by the accused named in the FIR registered on the statement of Bhag Singh, father of the petitioners.

(2.) In the fight which took place between close family members, Ramesh Kumar son of Bhag Singh died. Kuljinder Singh, his another son, suffered injuries for which Section 307 IPC was invoked. Other persons also suffered injuries. The allegation against the petitioners and other accused in the cross-version is that on account of injuries inflicted by them, Mohinder Singh suffered injuries which were opined to be dangerous to life. These are in the kind of fracture in the skull. As per the allegations in the cross-version, there is no specific attribution to any person named therein. It is stated that Bhag Singh and his sons-Ramesh Kumar, Kuljinder Singh and Paramjit Singh armed with Gandasis and Vijay and Baljinder Singh @ Ghugi armed with Daangs attacked the complainant, namely, injured-Mohinder Singh. Ramesh Kumar, out of the aforesaid persons, who was allegedly carrying a Gandasi, had died on account of fire arm injury attributed to Gurpreet Singh on the side of the complainant in the cross-version.

(3.) Learned counsel for the petitioners submitted that the complainant party in the cross-version were the aggressive party. Ramesh Kumar on their side had died due to gun shot injury. Had they not attacked the other side in self-defence, more persons on their side would have been killed.