PARAMJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Paramjit Kaur, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 30 dated 15.5.2010 at Police Station Dhilwan, District Kapurthala for an offence punishable under section 306 read with section 34 of Indian Penal Code.

(2.) Paramjit Singh is the complainant in this case. Zorawar Singh paid a sum of Rs. 4,54,000/- to Paramjit Singh for the purpose of getting visa. When Zorawar Singh refused to go abroad, a compromise was effected between them before the Panchayat and on 15.5.2009, a sum of Rs. 3.54 lacs was returned by the complainant to Zorawar Singh. Two cheques were also given, out of which one was for Rs. 2.00 lacs and the other was a blank cheque. Zorawar Singh was to return the cheques on receipt of the amount. He was asked to return the cheques, but he postponed the matter by saying that he would return the cheques after receipt of the balance amount of Rs. 1.00 lac. The amount of Rs. 1.00 lac was paid on 10.6.2009. Again demand was made on Zorawar Singh to return the cheques. A demand of Rs. 15,000/- (as spent on passport) was made by Harbhajan Singh and Sukhbir Singh, the relatives of Zorawar Singh, and this amount was also paid. A compromise was again effected in the Panchayat in which it was found that nothing is left due from the complainant to Zorawar Singh. The complainant and his father Manga Singh alias Mangal Singh then went to the residence of Harbhajan Singh and Sukhbir Singh for return of the cheques, but on one pretext or the other, the cheques were not returned. Harbhajan Singh, Sukhbir Singh, Zorawar Singh and his mother, Paramjit Kaur, the petitioner filed a court case for Rs. 10.00 lacs against the complainant and others. They received summons from the court at Baba Bakala.

(3.) Then they again went to Harbhajan Singh and Sukhbir Singh where Paramjit Kaur and Zorawar Singh were also present. Nirmal Singh had also followed the complainant and his father. The demand for cheques was made. Instead of returning the cheques, they gave threats to the complainant and his father of being killed if they did not pay a sum of Rs. 10.00 lacs. From that day, Manga Singh alias Mangal Singh came under stress. A day before the lodging of the FIR, Manga Singh alias Mangal Singh went to the aforesaid persons. Zora Singh, his mother Paramjit Kaur, Sukhbir Singh and Harbhajan Singh assembled and bullied Manga Singh alias Mangal Singh. They told Manga Singh alias Mangal Singh to buy a tractor trolley for them or give Rs. 10.00 lacs to them and then they would return the cheques. Manga Singh alias Mangal Singh returned home and told the complainant and his brother Nirmal Singh in this regard. On 15.5.2010 at about 11.00 AM, Manga Singh alias Mangal Singh went to the haveli where animals were tied. After some time, Mohinder Kaur wife of Manga Singh alias Mangal Singh went there with tea and found Manga Singh alias Mangal Singh lying on a cot. She had spoken to him loudly and found that he was lying dead. Manga Singh alias Mangal Singh had left one letter in his pocket. Claiming that Manga Singh alias Mangal Singh died because of harassment by the aforesaid four persons, the case was got registered.