IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the above mentioned three petitions wherein petitioners Iqbal Singh, Gurcharan Singh and Paramjit Singh @ Pamma, seek grant of regular bail in a case registered vide FIR No. 121, dtd. 23/8/2018, Police Station Kamboj, District Amritsar, under Ss. 302, 452, 307, 323, 324, 325, 326, 148, 149 of IPC and Ss. 25/27 of Arms Act.

(2.) The FIR in question was lodged at the instance Satbir Singh, wherein it has been alleged that he and his family wanted to sell some portion of their house in their village but their neighbor Paramjit Singh did not allow any buyer to purchase the same and used to tell the prospective buyers that the property is under dispute. On 23/8/2018, the complainant's son namely Harjit Singh went to the shop of Paramjit Singh at about 5 pm to lodge his protest against his conduct where some hot words were exchanged between them, but Jaswinder Singh intervened and sent Harjit Singh back to his house. In the evening at about 7.30/8 pm when complainant's son Harjit Singh was milking buffalows, a white coloured swift car stopped in front of their house. Babu armed with a revolver, Baljit Singh, Gurcharan Singh, Meeta, Joga Singh armed with "kirpan', Iqbal Singh armed with Rifle 12 bore and Paramjit Singh armed with "datar' came there and raised a lalkara challenging the complainant and others to come out of their house and hurled abuses. When the complainant's son tried to stop them, Babu fired a shot at him from his revolver. The complainant's son turned around to save himself but the shot hit on the right side of his head and as a result of which he fell down. While the complainant's son Harjit Singh was lying, Joga gave a blow with "kirpan' to Harjit Singh and when Harjit Singh raised his right hand, the "kirpan' hit on his hand. Another blow was given by Meeta with "kirpan' to Harjit Singh hitting on his right wrist. When the complainant stepped forward to save his son, then Baljit Singh gave a "kirpan' blow on the head of the complainant hitting on the right side of his forehead. Gurcharan Singh also gave a blow on the middle of forehead of the complainant with the help of a "kirpan'. Meeta also inflicted a blow with "kirpan' hitting on the right forearm of the complainant. When the complainant's aged father tried to intervene, Paramjit Singh even gave a blow to complainant's aged father Bakshish Singh hitting him on the left upper arm. Thereafter, the assailants caused more injuries including injury on the right little finger of complainant's father and also on his leg. When the complainant's daughter-in-law Kulwinder Kaur intervened then Iqbal Singh fired 7-8 shots from his 12 bore rifle.

(3.) Learned counsel for the petitioners have submitted that it is a case of cross-versions wherein the genesis of occurrence has been suppressed inasmuch as Kanwaljit from the side of the accused had also sustained injuries. Learned counsel for accused Paramjit has stated that he in any case is not attributed any injury to the deceased or to the complainant and that the only injury attributed to him is an injury on the left upper arm of complainant's father Bakshish Singh. It has been submitted that it is the main accused Babu who had fired with revolver at complainant's son leading to his death who is the main accused and that the petitioners have not been attributed any injury to the deceased. It has further been submitted that in any case the petitioners have been behind bars for a substantial period of about 3 years and as such deserves to be released on bail. Learned counsel has submitted that the petitioners in any case deserve the concession of bail on grounds of parity since the co-accused Gurmeet Singh and Jagir Singh have already been granted bail by this Court vide orders dtd. 19/11/2019 and 17/11/2018.