MANGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No.367 dtd. 22/10/2020 at Police Station Sadar Fazilka, District Fazilka, under Ss. 302, 34 IPC.

(2.) The FIR in question was lodged at the instance of Sucha Singh, wherein it has been alleged that on 20/10/2020, when he alongwith his father Fuman Singh (deceased) was working in their fields, Mangh Singh @ Mangat Singh (petitioner), who was armed with a Saria (thin iron rod) alongwith Harbans Singh, who was carrying a dang, Rinku, who was carrying a handle of spade and Shimla Rani came there. It has been alleged that Mangh Singh raised a lalkara and gave a blow with Saria on the head of Fuman Singh. The other accused are also alleged to have inflicted injuries to Fuman Singh. Fuman Singh was taken to hospital, but he succumbed to his injuries on 22/10/2020.

(3.) Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that even if all the allegations as leveled in the FIR are taken to be correct, the petitioner was allegedly carrying a thin iron rod and is attributed a single injury. Learned counsel has further submitted that the falsity of the case would be evident from the fact that when complainant Sucha Singh and Surinder Singh were examined during the proceedings of trial, both of them did not support the case of the prosecution at all and categorically stated that they do not identify the accused, who are present in Court, to be the assailants.