DHARAMPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this Criminal Misc. No. 31315-M of 2001, Dharampal son of Biru Ram, resident of village Jhangrian, Police Station, Nurpur Bedi, Tehsil Anandpur Sahib, District Ropar, has prayed for the cancellation of anticipatory bail granted to respondent No. 2 (Gopal Chand) in case F.I.R. No. 36 dated 29-11-1998, registered at Police Station, Nurpur Bedi under Ss. 326/148/149 of the Indian Penal Code by Sessions Judge, Ropar vide order dated 13-6-2001.

(2.) The prosecution case in brief is that Dharampal owns one killa of land in village Nurpur Bed. He had sown Barseen fodder in 10 marlas of area out of this area. He had purchased water from Karam Chand for irrigating his land. Karam Chand had 1/4th share in the tubewell along with Sita Ram and Hari Singh. On 28-12-1998 at about 8.30 p.m. he had gone to irrigate his fields. He was called by his son Naresh Kumar aged about 10/11 years to irrigate the fields. Naresh Kumar had gone to the fields earlier and found Karam Chand at the tubewell. Karam Chand was present at the tubewell but he did not see where he was standing. Naresh Kumar was busy irrigating his fields. Dharampal stoodnear Naresh Kumar. When they irrigated the fields, Dharampal asked his son to tell Karam Chand (Taya) to stop the motor. Thereupon, Karam Chand told Naresh Kumar to give message to his father Dharampal to help him irrigating his fields. Dharampal started towards the fields of Karam Chand, when he went there, Karam Chand had also come to the fields. When they had irrigated 3-4 fields, the motor stopped. Dharampal and Karam Chand went towards the motor to see why the motor had stopped. Dharampal was about 10 karams ahead of Karam Chand. When Dharampal was at a distance of about 7-8- karams from the motor, Sita Ram was standing near the kotha. On seeing Dharampal and Karam Chand, he started raising raula "Mar Ditta, Mar Ditta." In the meantime, 5-6 persons came running from the village side. Gopal Chand Ex Sarpanch attacked Dharampal with his Kirpan. He raised his right and to ward off the blow. As a result, his two fingers i.e. little finger and ring finger were chopped off. Sita Ram gave Dang blows on the left shoulder of Dharampal. Thereafter, Dharamvir son of Sarup gave gandasi blow which fell on the calf of Dharampal. Nasib Chand son of Balbir Singh and Dharampal son of Dhani Ram were also there. Dharampal raised raula "Mar Ditta Mar Ditta." Karam Chand ran away towards the village. From the village, Dharampal's brother Amar Chand and his taya's sons Mohinder and Ram Parkash, Banarsi son of Munshi Ram and many other men and women and Karam Chand also came there. As per Dharampal complaint, he was given injuries because he had worked against Gopal Chand in the Panchayat election.

(3.) Gopal Chand made an application (Criminal Misc. No. 1916-M of 1999) for the grant of anticipatory bail.