NARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present (first) petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.92 dated 03.10.2020 registered under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short, "the IPC") at Police Station Gardhiwala, District Hoshiarpur to which Sections 323 and 341 of the IPC were added lateron.

(2.) Briefly stated the prosecution version as contained in the above referred FIR is that on 02.10.2020, complainant Harwinder Singh was returning to his village on his motorcycle along with Daljit Singh. When they reached at the turning point of the street leading to the house of the Sarpanch, Paramjit Singh @ Pamma and the petitioner armed with dangs and Rahul Singh Rana armed with datar were standing there. Paramjit Singh @ Pamma and the petitioner came in front of his motorcycle and encircled them. Paramjit Singh @ Pamma pulled out keys of his motorcycle. The petitioner exhorted to teach them a lesson and kill them. Daljit Singh stood in the side after alighting from the motorcycle. Rampal father of Daljit Singh also came there. Rahul Singh Rana inflicted blow with datar aiming the head of Daljit Singh but he raised his hand and the blow fell on his hand due to which wrist of Dajit Singh was partly severed resulting in its hanging from the arm. Rampal, father of Daljit Singh, took him away from there. Thereafter, Rahul Singh Rana inflicted blow with datar from its reverse side on his wrist due to which he fell down from the motorcycle. Thereafter, Rahul Singh Rana inflicted blow with datar from its reverse side on his back on right side of his shoulder and on right thumb. Then, the petitioner inflicted blows with dang on his right ear and right and left shoulders. When he raised alarm, the assailants fled from the spot with their respective weapons. Gurpreet Singh got him admitted in PHC Bhunga. Daljit Singh was got admitted in IVY Hospital, Hoshiarpur where he succumbed to the injury later. The motive for the occurrence was the minor altercation which had taken place between the complainant and the accused some time ago.

(3.) The petitioner being in custody has filed the present petition for grant of regular bail.