SALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in cross-version/DDR No.27 dtd. 22/5/2021 under Ss. 307, 323, 324, 148, 149 IPC and Ss. 25/27 of Arms Act, registered in FIR No.58 dtd. 17/5/2021 under Ss. 307, 323, 324, 148, 149 IPC (Ss. 302 and 326 IPC were added later on), Ss. 25/27/54/59 of Arms Act and Sec. 3(1)(r) of SC&ST Act (added later on), registered at Police Station Sadar Patti, District Tarn Taran.

(2.) Learned counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of SI Nirmal Singh, on receiving an information from the control room that there is a land dispute in Village Cheema Kalan between Dhara Singh"s party, who is trying to plough the land and Charan Singh"s party, who is trying to stop ploughing the land and a mutual fight took place, in which bullets were fired from both the sides. On receiving the information, he along with co-officials reached the village and found that Dhara Singh, his sons Salwinder Singh, Jugraj Singh, Angrej Singh along with 25-30 unknown persons, armed with guns, pistols, swords and other sharp-edged weapons were present and Rashpal Singh was ploughing the land with his tractor. Charan Singh along with his sons Surjit Singh, Ranjit Singh, his brother Dilbagh Singh, Gandhi Singh, Sarwan Singh, Dharam Singh, Jagjit Singh and Paramjit Singh and 10-12 unknown persons armed with .12 bore pistol, sword and sharp-edged weapons were mutually fighting regarding ploughing or stopping the ploughing of the land and were firing bullets on each other. On seeing the police party, all these persons fled away from the spot. Persons from both the sides suffered bullets and sharp-edged weapons injuries and their relatives took them to different hospitals. In presence of Dhara Singh, petitioner Salwinder Singh and Kulwinder Singh, who were having injury marks and from the second party Surjit Singh, Sarwan Singh, Jagjit Singh, Paramjit Singh and Baljit Singh were also having injury mark and blood was oozing out, were taken to the hospital. When he reached the hospital to record the statement, the doctor opined that Dhara Singh"s party is unfit to make statement and no MLR of the second party was received and FIR under Ss. 307, 323, 324, 148, 149 IPC and Ss. 25 and 27 of the Arms Act was registered.

(3.) Learned counsel further submits that on 22/5/2021, cross-version was registered on the statement of Surjit Singh vide GD No.27 against Dhara Singh"s party. In the cross-version, details of the injuries sustained by Surjit Singh and others were recorded. Later on, Dhara Singh died and Sec. 302 IPC was added. It is also submitted that in fact, in the incident, father of the petitioner namely Dhara Singh died due to gun short injuries and even the petitioner has suffered multiple injuries i.e. a punctured wound on right side of his cheek, amputation of tip of right hand thumb and a punctured would on left forearm. It is next submitted that the petitioner has undergone post-operative plastic surgery, as he has suffered deformity of his face.