MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE matrix of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for anticipatory bail filed by petitioner Makhan Singh and emanating from the FIR (Annexure P1) is that on 9.5.2012 at about 5.00 PM, as soon as, complainant Ranjit Singh son of Balkar Singh (for brevity "the complainant"), his son Bikramjit Singh and nephew Gurvinder Singh (deceased) were working in his fields, in the meantime, accused Kuldip Singh came there and started abusing Gurvinder Singh, in order to teach him a lesson for maintaining illicit relations with his wife Raj Kaur. An altercation ensued between them. The complainant intervened and requested them to settle the matter with the intervention of respectables. Accused Kuldip Singh left the spot in an anger.

(2.) THE prosecution claimed that after some time, Kuldip Singh accused along with his friend Makhan Singh (petitioner) again came there in an Indica Car, bearing No.PB02T-BM-0033. Kuldip Singh was armed with a rifle and Makhan Singh (petitioner) was driving the car. Kuldip Singh accused pointed the double barrel gun of his father and fired a shot, which hit in the stomach of Gurvinder Singh. He started bleeding and felled on the ground after receipt of the injury. The complainant party raised noise. Thereafter, accused Kuldip Singh and Makhan Singh decamped from the spot with the gun. The injured was removed to the hospital, where he succumbed to his injuries.

(3.) THE complainant claimed that Kashmir Singh, father of Kuldip Singh accused, has also participated in the commission of indicated offences, but was not made accused by the police in the FIR (Annexure P1). Thereafter, he filed a private complaint (Annexure P2) against accused Kuldip Singh, Makhan Singh and additional accused Kashmir Singh, in which, they were summoned to face the trial for the commission of offences punishable under section 302 read with section 34 IPC and Sections 25 and 27 of the Arms Act by the Magistrate, by way of summoning order dated 29.9.2012 (Annexure P3).