GURSHARAN SINGH @ MICKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE this common order, CRM -M No. 43481 of 2014 and 7446 of 2015 are being disposed of. The facts are taken from CRMM No. 43481 of 2014.

(2.) PRAYER is for grant of regular bail in case bearing FIR No. 130 dated 24.8.2013, registered at Police Station Dehlon, District Ludhiana, under Sections 323, 341, 324, 325, 326, 307, 382, 148, 149, 506 IPC. Offence under Section 302 IPC was added later on. FIR came to be registered on the statement of Sukhdeep Singh, who alleged that on 21.8.2013, he along with his uncle Baljinder Singh @ Tidda were coming from Ludhiana to their village Narang Wal Kalan after attending court proceedings in a criminal case under Section 307 IPC. Complainant alleged that prosecution party i.e. Jagpal Singh etc. were chasing them from court premises. At about 7/7.30 P.M., Baljinder Singh stopped at a shop for purchasing a CD, then a car and one Scorpio came from the side of Mehma Singh Wala Chowk. Jagpal Singh was armed with an iron daah; Gurjant Singh @ Janta was armed with iron daah; Darshan Singh was armed with iron sword; Shaminder Singh was armed with iron road; petitioner Micky was armed with sword and Gurjeet Singh Lambardar was armed with stick. They were accompanied with 3 -4 unidentified persons, who were also armed with iron rods. All of them came out from their respective vehicles. Gurjeet Singh made a lalkara that Baljinder Singh be killed and all the assailants encircled him. Complainant further alleged that Gurjeet Singh gave a stick blow on the head of Baljinder Singh with intention to kill him but he warded of the blow by raising his arm and the blow landed on his left arm wrist. Baljinder Singh fell down on the earth, then Jagpal Singh gave an iron rod blow on his left leg. Gurjant Singh inflicted iron rod blow on the left leg of Baljinder Singh. Harnam Singh gave sword blow on the left leg. Micky gave a sword blow on the left leg. Shaminder Singh gave a rod blow on the right leg and other unidentified persons also gave blows with their respective weapons on the person of Baljinder Singh. Complainant is alleged to have seen the occurrence. Thereafter, all the assailants ran away after giving threats. Baljinder Singh was stated to be in serious condition and blood was infused in his body. His kidneys stopped functioning. The cause of assault was stated to be a spate ensued on 29.1.2012 when Jagpal Singh and others caused injuries to Baljinder Singh and in defence Baljinder Singh also caused injuries to Jagpal Singh and others.

(3.) ACCORDING to MLR, 14 injuries are shown on the person of Baljinder Singh. The injuries are on knee, hand, tibia, ankle and elbow. No injury is shown to have been inflicted on the upper part of the body. The cause of death is multiple fractures and shock followed by multi organ failures.