PHOOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Phoola Singh son of Gurnam Singh, has preferred the instant petition for the grant of regular bail in a case registered against him along with his other main co-accused Bau Singh, wife Gurdev Kaur and son Sukhwinder Singh @ Sonu, by virtue of FIR No.276 dated 17.09.2011, on accusation of having committed the offences punishable under Sections 306, 506 and 34 IPC, by the police of Police Station Kotwali, District Faridkot, invoking the provisions of Section 439 Cr.P.C.

(2.) NOTICE of the petition was issued to the State.

(3.) THE prosecution claimed that, main accused Bau Singh son of the petitioner, used to tease Gurmeet Kaur, sister of the complainant- Gurpreet Singh, through his mobile phone. On 17.09.2011, Harjinder Singh first killed his wife & children and then himself committed suicide with his revolver on account of, disrepute to his family caused by main accused Bau Singh. The only allegations alleged against the petitioner are that he is father of main accused Bau Singh and he instigated him to tease Gurmeet Kaur, which is otherwise difficult to believe. No other specific role or overt-act is attributed to him. All the main and serious allegations of teasing Gurmeet Kaur and bring disrepute to her family are assigned to the main accused Bau Singh(non-petitioner). In that eventuality, whether the provision of Section 306 IPC is attracted to the case of the present petitioner or not, would be a moot point to be decided during the course of trial by the trial Court.