NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is third application for grant of regular bail filed by Nirmal Singh, first application having been dismissed on 07.08.2012 on the ground that investigation was pending and the second one having been withdrawn.

(2.) The FIR was registered at the instance of Balwinder Kaur alleging that deceased Baldev Singh had adopted her being her Uncle (Massad). The allegations of the prosecution are that deceased had transferred his land in favour of the wife of petitioner on 29.07.2011. After getting the land transferred, Baldev Singh was killed by the petitioner on 05.09.2011.

(3.) Learned counsel for the petitioner has vehemently contended that the wife of the deceased namely Gurcharan Kaur, in proceedings under Section 174 Cr.P.C. has specifically stated that Baldev Singh aged about 70 years was seriously ill for the last 2 months. She herself being old and alone, talked to her brother-in-law i.e. petitioner with regard to his treatment. Petitioner had been helping her in his treatment and sufficient treatment had been given by different doctors but deceased had serious infection in the lungs, on account of which he remained serious for one week prior to his death and expired on 05.09.2011.