RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prayer in this petition is to release the petitioners on regular bail in FIR No. 217 dated 12.11.2004 under Sections 302/307/324/323/149 IPC and 25/54/59 of the Arms Act, PS Lambi, District Muktsar.

(2.) AS per the allegations contained in the FIR, a dispute arose regarding digging of water course through the land allegedly owned and possessed by the complainant party and when the accused party including the petitioners started digging the water course, the complainant party went to the fields to stop them but they were attacked by Kulwant Singh and others including the petitioners herein who were armed with deadly weapons likes .12 bore single barrel gun, spades and dang etc. It is further alleged that Kulwant Singh, petitioner's co-accused fired a shot with a gun which hit Jaswant Singh who died while on way to hospital. It has been further alleged that petitioner No. 1 (Ranjit Singh) caused spade blow to Upinder Singh which hit on his forehead towards left side whereas petitioners No. 2 (Mehal Singh) gave spade blow to said Upinder Singh on his head while he was lying on the ground.

(3.) IN support of the prayer in this petition, learned counsel for the petitioners submits that (i) the petitioners are in custody since 17.11.2004; (ii) the injuries attributed to them are simple in nature; (iii) after presentation of challan substantive charge for which the petitioners have been charged is under Section 324 IPC though they are also charged under Section 302 read with 34 IPC; (iv) so far as the fatal injury caused to Jaswant Singh is concerned, the same is attributed to Kulwant Singh who is also in custody and apart from him all those to whom injuries attracting Section 307 IPC are attributed are also in custody; (v) the prosecution intends to examine as many as 28 witnesses, therefore, conclusion of trial will take a considerably long period; (vi) the petitioners undertake that they will not tamper and/or influence the prosecution evidence in any manner.