PARAMJIT SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Prayer in this 2nd petition for grant of regular bail in FIR No.RC0512019S0002 dtd. 2/1/2019 (wrongly mentioned as 14/10/2019 in District Court Order) registered under Ss. 302, 201 and 34 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station CBI, SCB, Chandigarh.

(2.) The earlier one was dismissed on 10/12/2018 by passing the following order in CRM-M No.39462 of 2016:- "An incident took place on 9/2/2016. Innova car bearing registration no. PB-07-R-4734 was found from the Kandi canal. From the said vehicle, dead body of Jagpreet Singh @ Jaggi was recovered.

(3.) Statement of Pardeep Singh, uncle of deceased was recorded on 9/2/2016. He stated that it was a case of accident. Accordingly, police started proceedings under sec. 174 Cr.P.C. DDR No. 31 dtd. 10/2/2016 was registered on the basis of statement of Paramjit Singh @ Ricky. He stated that he alongwith Gurjinder Singh @ Lambar and deceased Jaspreet Singh @ Jaggi were going in Innova car from Datarpur to their respective villages. When they reached near Hanuman Mandir at village Karora Badala, an alto car suddenly came in the front. Due to this, driver of Innova car lost control and same fell in Kandi canal. Petitioner i.e. Paramjit Singh @ Ricky and Gurvinder Singh were stated to have come out of the car themselves while deceased Jagpreet Singh @ Jaggi was pulled out. Thereafter, ambulance was arranged and they were taken to Civil Hospital, Hazipur. Jagpreet Singh @ Jaggi was declared dead by the doctors at Civil Hospital, Hazipur. On 13/2/2016, uncle of the deceased Pardeep Singh made a statement to the police alleging that his nephew had been murdered. Resultantly, FIR No. 9 dtd. 13/2/2016 was registered against Gurjinder Singh @ Lambar, Paramjit Singh @ Ricky, Amit Kumar @ Bread and Navjot Singh @ Rocky under Sec. 302/201/34 IPC, Petitioner co-accused Gurjinder Singh @ Lambar and Amit Kumar @ Bread were arrested on 14/2/2016. They suffered disclosure statements and admitted that Navjot Singh @ Rocky gave blows of iron strip on right side of head, feet and right hand of deceased. At that time, Paramjit Singh @ Ricky and Gurjinder Singh @ Lambar caught hold the legs of deceased and Amit Kumar @ Bread sat on his back. In this manner, murder of Jagpreet Singh @ Jaggi was committed. On the statement of Amit Kumar, iron strip used in the occurrence and Innova car bearing registration no. PB-07-R-4734 were recovered. Viscera report was obtained on 17/12/2016. As per Chemical Examiner report, no poison was detected but Ethyl Alcohol was present. After obtaining Chemical Examiner report, opinion of the Medical officer was obtained. As per the said opinion, cause of death in the case was compression of Brain due to head injury exaggerated by combined effect of multiple injuries and ethyl alcohol intoxication with asphyxia.