DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have filed these separate petitions under Sec. 439 Cr.P.C for grant of regular bail, pending trial in case FIR No.0097 dtd. 19/10/2017, registered under Ss. 302, 382, 201, 148, 149 and 120-B IPC, 1860 and Ss. 25, 27, 54 and 59 Arms Act, at Police Station Sadar Abohar, District Fazilka, Punjab. The petitioners are in custody since their arrest on 4/11/2017 and 18/5/2018 respectively.

(2.) The above said FIR was registered on the statement of Baljeet Singh, wherein it was alleged that he used to do the work of agriculture and his brother Balkaran Singh resided at Dhali Thakar Singh, Dakhil, Village Balluana. On 18/10/2017, his brother Balkaran Singh had returned from Delhi and came to Dhani in the afternoon. The complainant went to meet him and stayed with him in the night. On the next day, at about 8.30 am, Balkarn Singh along with Harpreet Singh had gone for a walk and the complainant also went out for a walk behind them. The complainant was at a distance of about 3-4 Acres from them when Balkaran Singh and Harpreet Singh reached at turn near Tahil in his fields, then from the opposite side, one, white colored Swift Car came from which five persons came out along with weapons. Samarbir Singh @ Sammy armed with .12 bore Gun, Kulbir Singh, Gurnek Singh @ Rimpy, Gurteshwar Singh and a youth wearing Turban was armed with .315 bore gun, then Samarbir Singh exorted that lesson be taught to Balkaran Singh, then Samarbir Singh fired a shot with his .12 bore Gun, which hit in the chest of Balkaran Singh and the person wearing turban fired two shots with .315 bore gun, which hit on the head of Balkaran Singh and the other persons also fired shots with their respective weapons. Harpreet Singh ran towards another side and they also fired shots towards him as well. Balkaran Singh fell down on the ground and 4-5 persons who were also with them came out of one another car and they also fired shots while raising lalkaras, then out of fear complainant ran towards backside. After a while the accused persons also took away .32 bore pistol of Balkaran Singh and fled away along with their respective weapons from the spot. When complainant and Harpreet Singh reached near Balkaran Singh, he was found dead. It was alleged that the motive behind the occurrence was the land dispute between Balkaran Singh and Samarbir Singh @ Sammy and his brother Kulbir Singh which was decided by Court on 25/9/2017 in favour of Balkaran Singh.

(3.) Learned Senior counsel for the petitioners have argued that from the very beginning, the complainant, namely, Baljeet Singh has been taking conflicting stand in respect of the occurrence, as three of the assailants, namely, Samarbir Singh @ Sammy, Gurnek Singh @ Rimpy and Gurteshwar Singh who were stated to be present at the spot of occurrence were actually not found present at the place of occurrence. It is further submitted that co-accused, namely, Gurnek Singh @ Rimpy and Gurteshwar Singh were even not in India, when the occurrence took place and similarly, the other co-accused Samarbir Singh @ Sammy who allegedly fired gun shot on the chest of the victim was found present at Chandigarh, when the occurrence took place. Learned counsel have argued that the said co- accused Samarbir Singh @ Sammy has been implicated on the basis of criminal conspiracy and was released on regular bail by this Court vide order dtd. 3/10/2019 (Annexure P-9). It is further pointed out that the other two co-accused, namely, Gurnek Singh @ Rimpy and Gurteshwar Singh were extended the concession of pre arrest bail by this Court vide order dtd. 29/8/2019 (Annexure P-7).