GURBAKSH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant petition, cast under Sec. 438 Cr.P.C., the petitioner, craves the indulgence of his becoming admitted to anticipatory bail, in respect of FIR bearing No. 11 of 30/1/2021, registered at Police Station Amargarh, District Sangrur, constituting therein offences, under Ss. 302, 120-B (deleted later on), 34 of the IPC.

(2.) The allegations against the petitioner are that on 12/1/2021, at about 6.30 P.M, he along with one Gupreet Singh, Kamaljit Singh, Jarnail Singh, and, some unidentified persons had come outside the house of complainant Sharanjit Kaur, and, had given beatings to the husband of the complainant, namely Ranbir Singh. On raising alarm by the complainant, and, her mother-in-law, all the accused persons fled away from the spot. The motive behind the occurrence, is that the pigeons belonging to coaccused Gurpreet Singh had gone to the house of the complainant by flying. It is further alleged that on 29/1/2021, at about 6.30 P.M., Ranbir Singh (since deceased) informed the complainant that the petitioner, and, coaccused Gurpreet Singh, and, Kamaljit Singh wanted to compromise the matter, and, he had been called at their motor. Thereafter, deceased Ranbir Singh had gone on his motor cycle mark Hero Splendor bearing registration No. PB-13-AK-5606. After sometime, one Balwinder Singh had informed the complainant that petitioner Gurbaksh Singh, Gurpreet Singh, and Kamaljit Singh were beating Ranbir Singh near the passage in the filed of Chamkaur Singh. Thereafter, the complainant along with her brother Daljit Singh went to the spot, and, found that the above accused were beating Ranbir Singh. It is further alleged that co-accused Gupreet Singh was armed with gandasi, whereas co-accused Kamalajit Singh was armed gandasi, and, petitioner Gurbaksh Singh was armed with wooden stick at that time. On raising alarm by the complainant, and, her brother, the accused fled away from the spot. Ranbir Singh was taken to Civil Hospital, Amargarh, from where he was referred to Civil Hospital, Malerkotla, where he was declared to be brought dead.

(3.) The learned counsel for the petitioner submits, that initially during investigations, the petitioner was found innocent, and, his name had been kept at column No. 2, in the report under Sec. 173 of the Cr.P.C. It was after an application under Sec. 319 of the Cr.P.C., which was allowed by the learned Court below, vide order on 24/11/2021, to which Annexure P-4 is assigned, the petitioner was summoned as an additional accused to face trial along with other co-accused. Submissions of the learned State counsel