BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER is booked in a case of FIR No. 105 dated 27.10.2004 under Sections 302/34 IPC and 25/27/54/59 of Arms Act, registered at Police Station City Gurdaspur. He is praying for regular bail. The facts in brief :

(2.) GULSHAN is the deceased in this case. He is real brother of Lovraj Singh, the complainant/FIR lodger. He alleges that Hardeshwar Singh alias Hunny son of the petitioner had levelled allegation against Gulshan (since deceased) that he had cut a joke with the sister of his friend. Gulshan, however, had described himself as innocent about this. It is then alleged that on 26.10.2004 at about 2.30 P.M., when Lovraj Singh along with Gulshan, Bakshish Raj and jagdish Raj after getting free from the marriage of their sister (Lovraj's sister) were standing near Butanwali and were talking to each other, Hardeshwar Singh came there and gave abuses to Gulshan and said that he has to be dealt with. In vernacular, the words are "Tainu Zaroor Vekhna Hai". It is then alleged that the complainant and other persons prevented both of them from quarreling. Hardeshwar Singh then went towards Bus Stand and after 15/20 minutes came in a Santro Car No. PB-06D-5989. It was driven by Hardeshwar and the present petitioner was sitting on the front seat towards his left. He was having .12 bore double barrel gun. It is then alleged that after stopping the car, both of them came out. The petitioner is alleged to have raised lalkara saying that he (Gulshan) could run to any direction but would not be spared. In vernacular it is said "Gulshan Jidhar Daurna Hai Daur Lai Tainu Nahin Chhodna". It is then alleged that the petitioner then handed over his .12 bore gun to his son Hardeshwar Singh and said that Gulshan should not go scot free. Thereafter Hardeshwar Singh fired from the said gun at him hitting him on his chest. An alarm was raised whereupon Hardeshwar Singh fired another shot in the air and this frightened the complainant side. Thereafter Hardeshwar Singh and the present petitioner drove away their car towards Bus Stand. Gulshan died at the spot.

(3.) THE learned counsel for the complainant during the course of arguments has also placed on record the true copy of the photostat copy of the Daily Diary Report dated 11.1.2005, which was got recorded by the complainant Lovraj Singh with the concerned police of City Gurdaspur. The same is taken on record as Mr. Cheema has raised no objection to its being taken on record.