VEERPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.78, dated 16.5.2020, Police Station City South Moga, District Moga, under Sections 325, 323, 506, 148, 149 IPC (Sections 307/308 IPC added lateron).

(2.) The FIR was lodged at the instance of Jagdev Singh wherein it is alleged that he is a labourer and his father are six brothers namely Jamma Singh, Cheru Singh, Banta Singh, Piara Singh, Shinder Singh, Surjan Singh. They have dispute over one acre of land at village Mange Wala. On 13.5.2020, his paternal uncles Surjan Singh and Shinder Singh along with their sons Ram Singh, Puran Singh, Lachman Singh sons of Shinder Singh, Gurpreet Singh, Gurdeep Singh, Jit Singh sons of Surjan Singh came on a 'Chhota Hathi' bearing registration No. PB-29-H-8953 along with the weapons at about 6:00 a.m. They were raising lalkaras to the effect that they were going to the fields at village Mange Wala and if anybody wanted to entangle, could come there. They kept mum and at about 12:00 noon, he along with his brother Krishan Singh, his son Balbir Singh, his nephew Prabhjot Singh and his father Chotu Singh along with the ladies of their house were sitting under the tree and talking to each other. Then his nephew Mahavir Singh son of Baldev Singh who had come to have lunch went inside the house in a bathroom to wash his face and legs. In the meantime, all the persons returned back in a vehicle and went inside the house of Surjan Singh. After 2 to 3 minutes, they all along with their ladies, namely, Jarnail Kaur, Veerpal Kaur, Kaka Kaur, Jassi, Mangu Singh, Veerpal Kaur wife of Mangu Singh, all residents of Street No.3, near 'Dharampal Di Chakki', Bukkan Wala Road, Moga, came out. Mangu distributed the weapons lying in the vehicle and gave 'gandasi' to Shinder Singh, 'Takua' to Surjan Singh, 'gandasi' to Ram Singh, 'Kohari' to Puran Singh, 'Kirpan' to Lachman Singh and Gurpreet Singh, 'Gandasi' to Gurdeep Singh, 'Kohari' to Jit Singh, 'Dang' to Jarnail Singh, 'Dang' to Veerpal Kaur wife of Shinder Singh, 'Dang' to Kaka Kaur, 'Kohari' to Jassi, 'Gandasi' to his wife Veerpal Kaur and he himself was armed with 'Kirpan'. Lachman Singh who had consumed liquor raised lalkara to end the dispute forever and to attack upon the complainant party. On this, all the accused persons attacked upon them. Kaka Kaur and Jassi caught hold of his brother Krishan Singh, Puran gave a blow with reverse side of 'Kohari' on his head, Gurpreet gave a blow with reverse side of 'Kirpan' below right elbow, Jarnail Singh and Veerpal Kaur caught hold of his father Chotu Singh, threw him on the ground. Mangu gave a reverse blow of 'kirpan' on his head. Then Veerpal Kaur gave a 'gandasi' blow on middle finger of his left hand. Jarnail Kaur gave blow with 'dang' on his right thumb. When he tried to escape his father, then Jeet Singh gave a blow with reverse side of 'Kohari' on right side of his head. His son Balvir Singh stepped forward to save him. Then Surjan Singh gave a blow with reverse side of 'Takua' on his head. When his nephew Prabhjot Singh came forward to save them, then Ram Singh gave a blow with reverse side of 'gandasi' on his head. They raised the alarm of "marditta, marditta" and the accused persons while leaving went inside their house and caught hold of Mahavir, his nephew, Shinder Singh gave blow with reverse side of 'gandasi' on his head, Lachman gave blow with reverse side of 'kirpan' below left elbow. Gurdeep gave a blow with reverse side of 'gandasi' on his waist. Gurpreet Singh, Puran Singh and Lachman etc by dragging him brought outside and gave beating. While threatening, they left the spot on a vehicle.

(3.) Learned counsel for the petitioner has submitted that it is a case of cross-versions wherein three persons from the side of the accused had also sustained injuries, in respect of which a DDR was recorded by the police. Learned counsel has further submitted that it is Puran Singh who is attributed the injury in respect of which Sections 307/308 IPC have been added and that the petitioner who is a lady has apparently been involved falsely in order to pressurize the accused.