MOHINDER SINGH Vs. SUKHJINDER SINGH ALIAS MINTU

JUDGEMENT

(1.) MOHINDER Singh has filed this application under section 439(2) of the Code of Criminal Procedure, 1973 for cancelling the bail granted to respondents No. 1to 4.

(2.) ON the statement of Mohinder Singh, a case under sections 302/34 and 120-B/404, India Penal Code, and under section 25 of the Arms Act was registered vide FIR No. 37 dated 24-4-1990, in Police, Selina, The statement of Mohinder Singh recorded in the aforesaid FIR, reads as under :- We are six brothers and do agriculture. My Brother Balbir Dass has built a kotha towards the lower field. Today and my brother Balbir Dass took the scooter of Charanjit Dass Sadh and were proceeding towards the fields of Balbir Dass. When we were passing through the cancal bride near Bus Stand, Selina, then at the bus stand, Sukhjinder Singh alias Mintu, son of Kishan Singh Dass Sadh, Pall Dass son of Babu Sadh, residents of Sehna, Babu Singh son of Baisakha Singh Jat, and Naginder Singh son of Sohan Singh, Mistri resident of Sehna, were standing there. On seeing us, they raised Lalkara towards us, but we passed them and reached the house of Balbir Dass at his fields and after staying there for a while, we came back to village Selina on the same scooter through the path of the canal. When at about 12-00, noon we reached near the fields of Kirpal Singh, then, from the Selina side, near the site of canal, accused Sukhjinder Singh alias Mintu son of Kishan Dass and Pal Dass son of Babu Ram, resident of Selina were coming. The scooter was being driven by my brother Balbir Dass. Sukhinder Singh and Pal Dass signalled us to stop and my brother Balbir Dass stopped the scooter and I got down from the scooter in the meanwhile, Sukhinder Singh fired at the right side of the forehead of my brother Balbir Dass and simultaneously Pal Dass fired a shot from his revolver in the stomach of my brother. I kept on saying na maro, na maro". On my making raula, Sukhinder Singh and Pal Dass fired 5-6 shots from their respective weapons to my brother Balbir Dass. My brother fell down from the scooter and died at the spot, Pal Dass, after taking Sukhinder Singh on our scooter, ran towards Balowal Canal. At a short distance, my nephew Jagtar Singh and Darshan Singh son of Mema Singh, Jat, residents of Selina, were coming, who witnessed the whole scene. They also raised a hue and cry. At the spot my nephew Jagtar Dass and Darshan Singh looked after the dead body of my brother and I went to lodge a report to the police station. The cause of grudge is the Panchayat land, measuring about 4 1/2 Killas in the village. My brother Sandhu Dass and Baldev Dass remained in possession of the said land for the last 10 years on rent. The cultivation of the said land is being done by four brothers jointly. This year, i.e. 1990-91, the auction of the said land has been given to Sukhjinder Singh alias Mintu. The accused were having apprehension that they shall not leave, the possession of the said land. My brother Balbir Dass was the head of our family. Therefore, accused Sukhjinder Singh alias Mintu and Pal Dass above-mentioned accused, in connivance with a common intention, hatched a conspiracy with Narinder Singh son of Sohan Singh Mistri and Babu Singh son of Wasakha Singh, and murdered my brother Balbir Dass. Action be taken according to law. Sd/- Mohinder Singh 24-4-1990.

(3.) NOTICE of this application was given to respondents Nos. 1 to 4 who submitted a detailed reply and denied the allegations levelled by the petitioner. Alongwith the reply, affidavits of Babu Singh, Naginder Singh. Sukhinder Singh son of Kishan Dass (respondent No. 1) and Pal Dass son of Babu Ram (respondent No. 2) have been filed.