GAGANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has preferred this petition under Sec. 439 Cr.P.C for grant of regular bail in case bearing FIR No.93 dtd. 9/6/2020 registered under Sec. 304 IPC at Police Station Longowal, District Sangrur.

(2.) FIR was registered on the statement of Jaswant Singh with the allegations that on 8/6/2020, petitioner along with others started demolishing the 'Wat' of the field, where the complainant was already working along with Jarnail Singh and Jeet Singh @ Jeeta. When the complainant saw the accused persons demolishing the Wat, then the complainant went near them in order to restrain them. The brother of the complainant also came there from the house as their house is situated nearby the land. Complainant party stopped the accused party from demolishing the Wat and thereafter, they went to their respective homes after agreeing with the complainant. The brother of the complainant namely Beant Singh went to Longowal for taking domestic goods and the complainant remained in the fields to work along with the labourers. At about 2:45 PM, Gagandeep Singh, Harjit Singh and Gurdev Singh came there on their tractor, which was fitted with ploughs. The tractor was being driven by Gagandeep Singh. Harjit Singh and Gurdev Singh were sitting on the sides. Gagandeep Singh brought the tractor near to the complainant and rotated the same on the side of the complainant. Complainant tried to save himself, but a plough pierced into his right thigh. Gagandeep Singh kept on driving the tractor and took two rounds of the field. The complainant fell down in the field and the plough came out of the thigh with flesh. When the complainant was lying in the field, Gagandeep Singh lifted the ploughs up and again put the same on the complainant and plough hit on the left foot of the complainant. Gagandeep Singh again lifted up the ploughs, which hit on the head of the complainant. On hearing the alarm, the assailants fled away from the spot, leaving the tractor in the field. The brother of the complainant got him admitted in the hospital for treatment. With these allegations, the FIR came to be registered.

(3.) Initially, the FIR was registered under Ss. 323, 324, 120-B and 149 IPC against the petitioner and other four accused persons namely Harjit Singh, Jagsir Singh, Gurdev Singh and Surjit Singh. Later on, Jaswant Singh died on 10/7/2020. Statement of his brother Beant Singh was recorded on 10/7/2020 and offence under Sec. 302 IPC was added vide DDR No.43 dtd. 10/7/2020.