NIRBHAY SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition for pre-arrest bail has been filed by petitioner Nirbhay Singh, an accused in FIR No.25 dated 01.02.2019, for offences under Sections 323, 324, 148, 149 IPC (Section 326 firstly added vide General Diary No.19 dated 13.04.2019 and later on deleted and subsequently, Sections 307, 427, 336 IPC and Sections 25 and 27 of Arms Act vide General Diary No.18 dated 24.01.2021 and later on Sections 326 and 379 IPC vide General Diary No.17 dated 11.02.2021), registered with Police Station Gharinda, District Amritsar Rural.

(3.) Briefly stated the facts of the case as per prosecution story are that, on 14.01.2019 Sukhwinder Singh was sitting at his stall of fruits and vegetables at Rajatal, then Balwinder Singh son of Tara Singh, resident of that very village abused Sukhwinder Singh without any reason; Sukhwinder Singh informed his son Nirvail Singh about the episode on that very day in the evening; complainant Nirvail Singh then convened panchayat of his village where Balwinder Singh was summoned, however, Balwinder Singh did not appear there; on 18.01.2019 at about 3.00 PM, when the complainant was standing near the stall of his father, whereas, Balwinder Singh was playings cards near taxi stand, Rajatal, the complainant went to Balwinder Singh and enquired from him as to why, he had abused his father, that resulted in exchange of hot words and a scuffle between two, however, people present at the spot intervened and separated them; Balwinder Singh went home, whereas, the complainant got busy in doing his other work; on the same day, at about 6.00 PM, when complainant accompanied by his nephew Manjinder Singh son of Nirmal Singh and Gurpreet Singh son of Gulab Singh were talking with each other near the vegetables stall of father of the complainant, in the meanwhile, Balwinder Singh son of Tara Singh armed with a dater, Kashmir Singh son of Tara Singh armed with a kirpan, petitioner Nirbhay Singh son of Pargat Singh armed with a datar, Gursahib Singh son of Jagir Singh armed with a datar, Veer Singh son of Balwinder Singh armed with 12 bore riffle, Balraj Singh son of Kashmir Singh armed with a pistol, Navdeep Singh son of Pargat Singh armed with a riffle, Gurbhej Singh son of Jagir Singh empty handed, all residents of Village Rajatal came to the spot; Gurbhej Singh raised a lalkara that complainant side should be caught and killed for fighting with Balwinder Singh; Nirbhay Singh aimed a datar blow at Manjinder Singh, Manjinder Singh raised his right hand and the datar hit his little finger, resulting in its amputation and falling down; datar blow also hit on the adjoining finger of little finger; thereafter, Kashmir Singh son of Tara Singh gave a kirpan blow to Manjinder Singh, hitting him on index finger of his left hand; Balwinder Singh gave a datar blow to Manjinder Singh, hitting him on forehead; after receiving injuries, Manjinder Singh fell down; in the meanwhile, Gursahib Singh gave a datar blow to Gurpreet Singh son of Gulab Singh, hitting him on his cheek and teeth of left side; resultantly, Gurpreet Singh fell down; when the complainant tried to intervene, then Veer Singh son of Balwinder Singh fired a shot from his 12 bore gun at the complainant and the pallets hit on left side of chest and on bicep of left arm of complainant and he fell down; thereafter, Balraj Singh son of Kashmir Singh fired shots from his pistol; Navdeep Singh son of Pargat Singh fired shots from his riffle, hitting the vegetable stall; in the meanwhile, Bhagwant Singh of Lakha Singh, resident of the village brought a blue colour Sonalika tractor of Gurbhej Singh having a loadar at its front and rammed it, hitting the vegetable stall, damaging it extensively, whereas, the other assailants took away the entire articles of the stall; on alarm being raised by the complainant and other victims, then Sukhwinder Singh-father and Karnail Singh, younger brother of the complainant came forward; then all the assailants ran away from the spot along with their respective weapons; on matter being reported to the police, formal FIR was registered.