MANJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the above mentioned three petitions wherein petitioners Manjeet Singh @ Pappu, Jagir Singh and Mahinder Singh @ Chhinda, seek grant of regular bail in a case registered vide FIR No. 167, dtd. 7/6/2021, Police Station Pehowa, District Kurukshetra, under Ss. 148, 149, 308, 323, 325, 506 IPC.

(2.) The FIR in question was lodged at the instance of Gurpreet Singh s/o Gurnam Singh wherein it is alleged that on 6/6/2021, a verbal altercation had been taken place between him and Pappu, Jagir, Chhinda and Trilok Singh regarding boundary of their fields and in respect of which a Panchayat was convened to resolve the matter but the same could not be resolved. Later on the same day at about 3 pm when he along with his father was returning back to his house from the fields, they were waylaid by Jagir Singh who was armed with "gandasi', Chhinda armed with "gandasi', Trilok armed with "lathi' and Pappu armed with "lathi'. It is alleged that while Chhinda raised a lalkara exhorting his companions not to spare the complainant and his father and pursuant to which Chhinda gave a blow with "gandasi' to the complainant hitting him on his nose. Jagir Singh is stated to have given a blow with "gandasi' on the head of Gurnam Singh. When the complainant's father Gurnam Singh fell down, Pappu and Trilok Singh gave "lathi' blows to him hitting him on his left eye, back and arm. When they raised alarm Jagir Singh's wife Kulwant Kaur and Chhinda's wife also came there and they gave kicks and fist blows to Gurnam Singh while he was lying on the ground. Upon seeing other people gathering at the spot, they fled away from the place of occurrence.

(3.) Learned counsel for the petitioner(s) has submitted that the genesis of occurrence has been suppressed inasmuch as it is a case of cross-versions wherein two persons from the side of the accused also sustained injuries and in respect of which a separate FIR i.e. FIR No.168, dtd. 7/6/2021, Police Station Pehowa, District Kurukshetra, under Ss. 323, 34 and 506 IPC was lodged. It has been submitted that since one of the accused namely Jagir Singh has sustained an injury on his head also, the same would in fact attract an offence under Sec. 308 IPC whereas the police in order to extend undue benefit to the opposite side has not added any such offence.