KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The epitome of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of concession of anticipatory bail and emanating from the record, as claimed by the prosecution, is that on 13.5.2014 HC Anil Kumar and complainant Constable Daljit Singh (for brevity "the complainant") have gone to the house of accused Happy son of late Lakhwinder Singh to arrest him, in civil dresses, in a case registered against him, vide FIR No.54 dated 9.4.2014, for the commission of offences punishable u/ss 21, 22 and 27 of the Narcotic Drugs & Psychtropic Substances Act, 1985, registered in Police Station Sadar Jalandhar. The police party was standing near his house, whereas another police party headed by ASI Jagtar Singh, Incharge of Police Post Fatehpur, was also present at Phulpur road, Dhanal Khurd. Meanwhile, one clean shaven person came on his black coloured motorcycle, bearing registration No.PB 08-BW-8365, came out from the house of Happy. On seeing the police party, he accelerated the speed of his motorcycle. The police also followed him on the motorcycle. ASI Jagtar Singh was telephonically informed in this regard.

(2.) Thereafter, the clean shaved person parked his motorcycle and entered into the house of petitioner Kuldeep Singh. The members of the police party disclosed their identity and showed their identity cards to them. Then, the petitioner started quarreling with the police party. Subsequently, he telephonically called his other co-accused, namely, Sukha, Jassa ss/o Gurnam Singh, Surjit Singh s/o Harbhajan Singh, Amar son of Kala resident of Phoriwal. Surjit Singh, on his coming, raised lalkara that police officials should not be left alive on that day. In the meantime, petitioner gave a blow of Bala (Batten), which hit on the chest of complainant, accused Sukha gave a blow of iron rod, which hit on his back side. Thereafter, Amar son of Kala, with the intention to kill, gave a danda blow, which hit on his head. Then, Jassa Singh son of Gurnam Singh, with the intention to kill HC Anil Kumar, gave a blow of iron rod, which hit on his head. Then, in order to rescue himself, he raised his right hand, which hit on the palm of right hand. Subsequently, Sukha gave a blow of iron rod, which hit on the left chest (Bakhi) of Anil Kumar and Surjit Singh gave a blow of danda, which hit on his right arm. Then, Kuldeep Singh gave a danda blow, which hit on his (Anil Kumar) head.

(3.) Leveling a variety of allegations and narrating the sequence of events in detail in the FIR, in all, the prosecution claimed that on the fateful day, petitioner and his other co-accused, formed an unlawful assembly, armed with deadly weapons, caused injuries to attempt murder the members of police party and deter them from discharging their official duties as public servants. In the background of these allegations and in the wake of complaint of complainant, the present case was registered against the petitioner and his other co-accused, by virtue of FIR No.80 dated 13.5.2014, on accusation of having committed the offences punishable u/ss 148, 307, 332, 353 & 186 read with section 149 IPC by the police of Police Station Sadar Jalandhar in the manner depicted here-in-above.