TARO BAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TARO Bai wife of Jeet Singh has applied for grant of anticipatory bail in FIR No. 148 dated 26.08.2012 under Sections 302/148/149 of the Indian Penal Code and Section 25 and 27 of the Arms Act registered at Police Station Sadar Fazilka, District Fazilka.

(2.) THE law was set in motion by recording the statement of Boor Singh son of Vallu Singh who has stated that his land is situated on the left side of the road which leads from village Hasta Kalan to Mohatam Nagar. About 25/30 years ago, Sunder Singh father of Jeet Singh filed a case in the Court of Sub Judge at Fazilka against the complainant. Jeet Singh withdrew the earlier case filed by him. But as the complainant was constructing a house, Jeet Singh again filed a new case in the Court at Fazilka. On the day of occurrence, complainant along whith his son Balwinder Singh @ Kala, Jaswinder Singh, Roop Singh, Basant Singh, his daugher Banso Bai and his wife Dano Bai were putting shuttering for making roof of the rooms and the generator was on as the electricity was out of order, two electric bulbs were also on. About 9.30 PM, from the side of village Hasta Kalan, one Swaraj tractor with trolley came there. The tractor was being driven by Hansa Singh son of Jeet Singh and in the trolley, Jeet Singh son of Jagar Singh armed with .12 bore gun, Nachhattar Singh son of Jeet singh, Inder Singh son of Nagar Singh along with 8-9 unidentified men were present. As soon as they came there, Nachhattar Singh came there and raised lalkara that they be taught a lesson for constructing house. The persons who were present in the trolley started throwing brick bats towards the complainant party. Jeet Singh fired two gun shots with an intention to kill them, which hit Balwinder Singh @ Kala on his chest. Due to the fire arm injury, Balwinder Singh @ Kala died at the spot. Hansa Singh took the tractor trolley from the spot. Later on statement under Section 161 Cr.P.C was recorded in which same version was reiterated. However, in the statement of Dano Bai-mother of the deceased, it is mentioned that the petitioner was also in the trolley. The part attributed to the petitioner is that she threw brick bats along with the co-accused but there is no corresponding injury regarding the brick bats to any person. In the FIR also, it is mentioned that 8-9 unidentified men were present in the trolley.