TARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose off the above mentioned two petitions filed on behalf of Taranjit Singh @ Sonu and Amarjit Singh seeking grant of regular bail in a case registered vide FIR No.20 dtd. 16/1/2018 under Ss. 302. 148, 149 IPC at Police Station Jodhan, District Ludhiana.

(2.) The FIR in question was lodged at the instance of Gurcharan Singh wherein he has stated that while he is residing in village Dhaipai, District Ludhiana, they also have a house on the outskirts of the village where they tether cattle. The complainant's father Naib Singh usually stayed in the said outer house for looking after cattle and would also sleep there. On 16/1/2018 at about 4 p.m., while his father was cleaning the drain constructed in the street near their outer house, then Gurpreet Singh, Taranjit Singh @ Sonu, their nephew Lovely and Amarjit Singh started hurling abuses at his father while objecting to water being drained out in the street. A quarrel ensued thereafter. The complainant's father came back to the residential house and narrated the entire incident to the family. At about 8.30 p.m. when the complainant's father Naib Singh, after having dinner was returning back to the outer house, he was waylaid by Gurpreet Singh, Taranjit Singh @ Sonu, Amarjit Singh, Lovely and two unknown persons, who were all armed with "kirpans' and who upon seeing the complainant's father raised a lalkara exhorting each other to teach him a lesson for discharging the waste water in the street. It is alleged that Gurpreet Singh gave a "kirpan' blow to complainant's father on his neck with an intention to kill him. Taranjit Singh also gave a blow with "kirpan' hitting him on the left side below his face. Amarjit Singh is also stated to have inflicted an injury to complainant's father with "kirpan' on the left side of his forehead. On account of the said injuries, half of the neck of the complainant's father was cut. The two unidentified persons had been raising lalkaras all this time not to spare complainant's father alive. When the complainant raised alarm, several persons from the locality gathered at the spot and the assailants, upon seeing them, fled away from the spot. Although, the complainant's father was rushed to hospital but he was declared dead. The matter was investigated by the police and upon investigation, only Gurpreet Singh was found to have committed the offence and consequently, challan was presented against him whereas the other accused were kept in column no. 2. The trial Court, upon the very first day when challan was received upon commitment by the Illaqa Magistrate, noticed the factual position and ordered for summoning of Taranjit Singh, Amarjit Singh and Amrinder Singh (non-applicant) in exercise of its power under Sec. 193 Cr.P.C. vide order dtd. 9/5/2018.

(3.) However, the arrest of the petitioners could not be effected and consequently, they were declared proclaimed offenders vide order dtd. 18/7/2018. It was after about a year that their arrest was effected on 12/6/2019 and they have been in custody since then, barring a short period when they were granted interim bail