BALJIT SINGH ALIAS DEEPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALJIT Singh alias Deepu, petitioner seeks bail in case bearing FIR No. 81 dated 31.5.2001 registered under Sections 302, 148 and 149 of the Indian Penal Code with Police Station, Qadian.

(2.) THE present case was registered on the statement of Santosh wife of Chhinderpal. According to her version on 31.5.2001 at 6.00 a.m., her husband- Chhinderpal had gone to answer the call of nature. He was followed by the complainant. After Chhinderpal had crossed the bridge of canal minor and was proceeding towards the fields, she noticed Raghbir Chand alias Beera Fauzi armed with Kulhari, Ajit Ram armed with Gandasi, Babbu, Sham Lal, Baljit son of Piare Lal and Ghola Ram armed with Dangs and Pooran Singh, ex-sarpanch empty handed. Seeing Chhinderpal, Pooran Singh raised a Lalkara to catch hold of him and he should not be allowed to escape. He further exhorted that he should be taught a lesson for giving statement against them. Chhinderpal ran towards the fields. Santosh raised an alarm. Her son Raj Pal and Subhash son of her husband's brother also came there. They continued raising alarm. In their presence, the above named persons gheraoed Chhinderpal and caused injuries to him. Raghbir Chand alias Beera Fauzi is stated to have inflicted Gandasi blow on Chhinderpal on his left side of leg as a result of which he fell down. Thereafter, Jeeta gave Gandasi blow on his right leg. Babbu, Sham Lal, Baljit and Ghola Ram caused injuries to Chhinderpal with their Dangs on his left and right scapula above the flank and right arm above the elbow. Raghbir Chand gave blow with reverse side of kulhari which hit Chhinderpal on his spinal cord. Thereafter the accused ran away with their respective weapons. The injured was taken to Civil Hospital, Batala for treatment, where he was declared dead. The report of the above incident was lodged by Santosh, complainant. During the course of investigation statement of Pooran Singh, milk vendor was recorded who stated that on 31.5.2001 at 6.00 a.m., he was present in front of farm house. He had noticed Chhinderpal running from the side of village, who was followed by Parkash Chand alias Ghola Ram, Ajit Ram alias Jeeta comrade, Ravi Kumar alias Babbu, Baljit Singh alias Deepu and Swarna Ram armed with Kulhari, Dang, Chhavi, Dang, Kulhari and Kirpan respectively. They had encircled Chhinderpal on the canal minor and thereafter Baljit Singh gave Kulhari blow on Chhinderpal as a result of which he fell down. Parkash Chand, Ajit Ram, Ravi Kumar and Swarna Ram also inflicted injuries to him with their weapons. Baljit Singh also inflicted Gandasi blow upon Chhinderpal on his right leg and on the ankle and then Swarna Ram gave Gandasi blow on Chhinderpal from the reverse side on his head. On completion of the investigation, the prosecution had challaned Parkash Chand, Ajit Ram, Ravi Kumar, Baljit Singh and Swarna Ram while Pooran Singh, ex-Sarpanch, Raghbir Chand, Sham Lal and Baljit Kumar had been shown in column No. 2 of the report filed.

(3.) COUNSEL for the petitioner, while pressing for his bail, has contended that in the report lodged by Santosh and in the statements of Raj Pal and Subhash, presence of the petitioner-accused at the spot of commission of the offence had not been stated and the prosecution has introduced the presence of Pooran Singh, milk vendor, witness in order to rope in the petitioner-accused in the commission of the crime. His contention is that no justification has been furnished as to why statements of Santosh, Raj Pal and Subhash had been ignored.