DALJIT SINGH ALIAS SETHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As is evident from the record that the first petition bearing CRM-M No. 29255 of 2013 for anticipatory bail, filed by the petitioner in this very case was dismissed as withdrawn, by this Court, vide order dated September 09, 2013, which is as under: -

(2.) Instead of filing the petition for regular bail, now the petitioner has preferred the present second petition for anticipatory bail, in a case registered against him along with his other co-accused, by means of FIR No. 91 dated 28.06.2012 (Annexure P-2), on accusation of having committed the offences punishable under Sections 302, 307, 325, 323, 506, 201 and 148 read with Section 149 IPC and Section 30 of the Arms Act, by the police of Police Station Mukerian, District Hoshairpur.

(3.) The contour of the facts and material, which needs a necessary mention, for the limited purpose of deciding the instant second petition for pre-arrest bail, filed by the petitioner, is that on 28.06.2012, complainant Hakikat Singh son of Charan Singh (for brevity 'the complainant'), his son Manjot Singh @ Johni and nephew Gurpreet Singh @ Shenty son of Jaswinder Singh, were going towards the fields from their house. At about 10.00 AM as soon as they reached near the house of Bhupinder Singh son of Ajeet Singh, in the meantime, Bhupinder Singh armed with revolver, Daljit Singh @ Sethi (petitioner), Baldev Singh son of late Makhan Singh, Jaspal @ Pal son of Charan Singh armed with 'gandaasi' and Manjinder Singh @ Manu son of Sukhwinder Singh armed with 'kirpan' suddenly came out on the road in front of their house (place of occurrence). Then, Daljit Singh @ Sethi (petitioner) raised 'lalkara' that they (complainant party) should be taught a lesson for helping Mahavir Sarpanch and Prakash Kaur in their civil dispute. On which, Bhupinder Singh accused fired shot with his revolver which directly hit on the right side of head of Gurpreet Singh. Thereafter, on the asking of Baldev Singh, Bhupinder Singh fired shot which hit on front side of right shoulder of Manjot Singh. Then on the asking of Daljit Singh, Bhupinder Singh fired two shots which landed on the wrist and chest of the complainant. He felled down on the ground. Thereafter, Jaspal Singh caused the 'gandaasi' blow on the elbow of left arm of the complainant. The motive alleged was the previous enmity/land dispute between the parties.