SUKHVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has challenged order dtd. 3/12/2021 (Annexure P-3) passed by the learned Area Magistrate, Faridkot, dismissing an application moved by prosecution for release of accused Sukhvir Singh, Yadwinder Singh and Gurmukh Singh from custody as consequent upon further investigation they had been found innocent and supplementary report u/s 173(8) Cr.P.C. dtd. 2/12/2021 (Annexure P-2) to this effect had been filed by prosecution. Challenge has also been made to order dtd. 2/2/2022(Annexure P-6) passed by learned Sessions Judge, Faridkot, vide which a revision preferred by petitioner and two others against order dtd. 3/12/2021(Annexure P-3) has been dismissed.

(2.) The matter in hand arises out of FIR No.0124 dtd. 17/8/2021, lodged at Police Station, Sadar Kotkapura, District Faridkot, under Ss. 302, 307, 341, 427, 506, 148, 149, 120-B IPC and Ss. 25, 27, 54, 59 of the Arms Act (Ss. 323 and 324 IPC added later on). The said FIR was lodged at the instance of Surinder Kaur pertaining to murder of her son Navjot Singh, wherein she stated that that her 'Nanad' (husband's sister) namely Gurjinder Kaur was married to Balwinder Singh. However, said Gurjinder Kaur expired in the year 1996 and after her death, Balwinder Singh started residing with Iqbal Kaur as her husband. Later, a dispute arose amongst them (Iqbal Kaur and Balwinder Singh) over money and property as a result of which Balwinder Singh and Iqbal Kaur started residing separately and some litigation was also pending amongst them. It is alleged that Iqbal Kaur with the help of her 'Jija' (sister's husband) namely Anantdeep Singh took possession of Balwinder Singh's house regarding which Balwinder Singh got a case registered at Police Station NRI, Moga. It is alleged that on 17/8/2021, in order to pursue the said case of Balwinder Singh, she (complainant) alongwith Balwinder Singh, her son Navjot Singh @ Navi and one of their relatives Mandeep Singh @ Babbu proceeded from Sri Muktsar Sahib to Moga, in their car bearing registration No.DL-10-CF-0120. While they were on their way, a black coloured 'Scorpio' vehicle, two 'Thar' vehicles, one 'Innova' vehicle and one more vehicle tried to surround their car. Complainant's son, who was driving the car, took the car towards a narrow link road and on account of the narrow road the vehicles following them could not overtake them, but the Scorpio vehicle following their car kept on banging into rear of their car and also started firing upon them with an intention to kill them. However, when they (complainant party) approached the main road, the said vehicles were able to surround their car. It is alleged that Anantdeep Singh @ Roma, who was armed with a rod alongwith 15/20 unidentified persons alighted from the said vehicles carrying hockey sticks, baseball bats, rods, swords etc. Anantdeep Singh pulled out complainant's son Navjot Singh @ Navi from the car and exhorted his companions to teach him a lesson for not giving land to his sister-in-law Iqbal Kaur. Anantdeep Singh gave several blows with the help of rod on legs and arms of the complainant's son. The other persons also inflicted injuries to the complainant's son with their respective weapons and also fired shots. It is alleged that when complainant's brother-in-law Balwinder Singh and Mandeep Singh tried to rescue Navjot Singh, the accused inflicted injuries to Balwinder Singh and Mandeep Singh as well. Navjot Singh on account of injuries sustained by him fell unconscious. The accused thereafter went away from the spot in their respective vehicles. Navjot Singh was taken to Civil Hospital, Kotkapura from where he was referred to Guru Gobind Singh Medical College, Faridkot, but he succumbed to his injuries. The complainant has alleged that the accused nursed a grudge against the complainant, her son Navjot Singh (deceased) and Mandeep Singh, as they had been pursuing and supporting Balwinder Singh, in the cases pertaining to property, which were pending between Balwinder Singh and Iqbal Kaur. It is alleged that Iqbal Kaur and Sukhi Rajeana had conspired and had connived with Anantdeep Singh and with the help of others, they had murdered her son.

(3.) As noticed in FIR, while petitioner is amongst the three accused named in FIR, he is not specifically stated to be amongst the 15-20 assailants. He is alleged to be a conspirator. The police was able to arrest 7 of the accused and upon finding evidence as regards their involvement, a report u/s 173 Cr.P.C. was filed on 16/11/2021, which the prosecution filed hurriedly to avoid grant of bail to arrested accused in terms of sec. 167(2) Cr.P.C. since the prescribed period of 90 days for presentation of report u/s 173 Cr.P.C. was expiring. It was however stated in the report that since remaining 9 co-accused were yet to be arrested and relatives of 3 out of the 7 charge-sheeted accused, i.e. relatives of Yadwinder Singh, Sukhvir Singh and Gurmukh Singh had submitted applications regarding their innocence which were still pending, a report under 173(8) Cr.P.C. would be filed later. The names of the 7 accused, who were charge-sheeted, are as follows: