SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Surjit Singh has filed this petition seeking grant of regular bail in respect of a case registered against her vide FIR No.28 dated 3.3.2018 under Sections 302/506/324/323/34 of IPC at Police Station City Malout, District Sri Muktsar Sahib.

(2.) The FIR was initially lodged on the statement of petitioner Surjit Singh himself wherein it has been alleged that Dhanna Singh had borrowed an amount of Rs. 1700/- from him. It is alleged that on the day of occurrence i.e. on 2.3.2018 when he along with Mandeep Singh were consuming liquor, being Holi festival, Dhanna Singh came there and when he (Surjit Singh) asked him to return his money, there was a scuffle wherein Dhanna Singh pushed the complainant (Surjit Singh) and he fell down. Mandip Singh took the complainant (Surjit Singh) inside the house. When they were inside, they heard noise coming from outside where Dhanna Singh and Jassa Singh armed with 'kirpan' were raising lalkaras. Sona Singh, Gurpreet Singh, Raja Singh, Gurpiar Singh, Parminder Singh @ Bhulla, Ravinder Singh @ Bheema were also present there along with 3-4 unknown persons who were armed with 'kirpans'. Raja Singh son of Gurjant Singh and Manga Singh @ Billu also came there armed with 'dangs' and entered their house. When Mandip Singh came to rescue the complainant (Surjit Singh), Dhanna Singh, Jassa Singh and Sona Singh who were armed with 'kipran' and 'kirch' gave blow with the same on the chest, abdomen and hip of Mandip Singh. Bheema is alleged to have given blow with brick on the head of Mandip Singh. Raja Singh and Manga Singh are alleged to have given blow with sticks to Mandip Singh. When the complainant tried to rescue him, Raja Singh and Manga Singh gave blow with dang on the left and right side of head and on the left knee and also on the back of the head and on the left side of chin of the complainant. When the complainant (Surjit Singh) raised alarm, his mother tried to save him upon which Raja Singh and Manga Singh gave dang blow on the head, right knee and right index finger. It is alleged that on account of the injuries sustained by Mandip Singh, he died at the spot.

(3.) The learned counsel for the petitioner has submitted that the aforesaid first version, recorded on 3.3.2018 was recorded at the instance of petitioner-Surjit Singh himself and that it was subsequently after about 26 days that statement of Sukhdev Singh father of deceased Mandip Singh was recorded in terms of Section 161 Cr.P.C. wherein a twisted version of the occurrence was put forth so as to implicate the petitioner. Sukhdev Singh, in his statement, recorded on 29.3.2018 has stated that on 2.3.2018, he came to know that his son Mandip Singh and Surjit Singh had been consuming liquor since morning and that Surjit Singh had quarreled with Dhanna Singh son of Bholla Singh and thereafter Surjit Singh had caused injuries to Raja Singh with a 'kirch'. Sukhdev Singh has further stated therein that at about 4:30 p.m. he saw Jassa Singh, Raja Singh son of Mandar Singh, Raja Singh son of Gurjant Singh, Ravinder Singh @ Ghulla, Manga Singh, Sona had caused injuries to Surjit Singh as well as to his mother Bhajan Kaur by entering into the house and when he (Sukhdev Singh) entered the house and raised alarm, Jassa Singh etc. ran away with their weapons. It is alleged that thereafter Surjit Singh caught hold of head of Mandip Singh and struck the same against the wall as a result of which he fell down unconscious. Sukhdev Singh further alleged that Surjit Singh gave 3-4 blows with 'kirch' to his son. Thereafter, Bhajan Kaur took the 'kirch' from Surjit Singh and gave 4-5 blows with the same to his son. It is alleged that Bhajan Kaur stated that since the son of Sukhdev Singh had developed illicit relations with her daughter-in-law, therefore, he had to be taught a lesson.