GURDARSHAN SINGH @ SONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of three separate petitions for regular bail filed by Gurdarshan Singh @ Sonu son of Gurmeet Singh, Avtar Singh son of Ujagar Singh and Ram Singh son of Ujagar Singh as these are offshoot FIR No.65 dated 21.08.2012 registered at Police Station Sanaur, District Patiala for offence under Sections 302, 325, 323, 148, 149, 447 of the Indian Penal Code (in short "IPC").

(2.) THE allegations set up by the complainant, brother of deceased Balwinder Singh @ Bittu are that on 20.8.2012 at about 5 -00 p.m., Jarnail Singh, Gurmeet Singh, Raj, Sonu, Johny, Avtar Singh, Ram Singh, Sham Singh, Jang Singh and Binder residents of Karanpur, Police Station, Sanaur came from village side carrying dandas, sticks and gandasis. Balwinder Singh @ Bittu was near the kotha of motor and the complainant was cutting grass from their fields. Gurmeet Singh and Avtar Singh raised lalkara that they will teach a lesson to Bittu for irrigating the fields and exhorted to kill him. Binder gave a gandasi blow on the left side of head of Balwinder Singh @ Bittu with an intention to kill. Balwinder Singh fell down in the field of rice and Avtar Singh gave a gandasi blow on his right leg. Raj and Sonu gave lathi blows on his (Balwinder Singh) right arm due to which his right arm got broken and hung. Raj and Sonu also gave lathi blows on other parts of Balwinder Singh. Sham Singh gave many lathi blows to his brother on different places. When he raised raula 'na maro' 'na maro' and tried to rescue his brother, Jarnail Singh and Jang Singh caught hold him and gave him danda blows. Hakam Singh tried to rescue them and Johny caught hold Hakam Singh and gave him leg and fist blows. Balwinder Singh became unconscious and the accused ran away from the spot with their respective weapons.

(3.) COUNSEL representing petitioner Gurdarshan Singh @ Sonu would contend that the complainant Harbhajan Singh, brother of deceased Balwinder Singh in first version given to the police, has attributed lathi blows on the right arm of the deceased by Raju and Sonu, but as per medical evidence only one injury was noticed on right upper arm of the victim, which creates doubt in regard to culpability of the petitioner. It is further argued that the deceased was initially shifted to Rajindra Hospital, Patiala from where he was referred to PGI, Chandigarh. The family members of the deceased, against medical advice, shifted the injured to a private hospital namely, Columbia Asia, Patiala. The deceased was got discharged from the said hospital on 10.09.2012 against medical advice, as reflected in discharge summary. The deceased passed away in December, 2012, after about 4 months of the occurrence and cause of death as per post mortem report, is septicemia, therefore, raising a serious issue if the assailants can be convicted for commission of offence punishable under Section 302 IPC.