GANPAT RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case FIR No. 144, dated 25.8.2005, registered under Sections 302/307/324/304/34 of the IPC, at Police Station Salem Tabri, Ludhiana.

(2.) The petitioner, who is accused of the murder of his father, has been behind bars for about one year. The FIR was lodged by Jatinder Kumar, the petitioner's brother, alleging that on the night intervening 24/25.8.2005, at about 2 am, three boys, aged 20 to 21, were found present in the back court yard of the house. He woke up his brother Ganpat Rai, the petitioner and upon hearing the noise, their father also awoke. A wire gauge shutter at the rear of the house was open. The three intruders were carrying knives. One of them was wearing a steel punch on his hand. They entered the house and began threatening the complainant, the petitioner and their father. One of them inflicted a knife blow to the right side of Chaman Lal (the father), a little below the chest. The other person inflicted a knife blow to the left arm, left side of the chest and the right flank of Ganpat Rai, the petitioner. The third person inflicted knife/punch blows to the arms and chest of the complainant. These facts led to the registration of the FIR, against unknown assailants. Upon investigation, the police, suspecting the story in the FIR to be false, arrested the petitioner for the murder of his father.

(3.) Counsel for the petitioner contends that on the fateful night, apart from the intruders, three individuals, namely, the petitioner, the complainant and their father were present. The latter three received knife/punch injuries. Their father, however, succumbed to his wounds. It is further contended that in the on-going trial, the complainant, while deposing as PW2, has reiterated his statement, as reflected in the FIR, namely that three unknown intruders inflicted injuries to the petitioner, the complainant and their father. It is further contended that as there is no evidence on record to suggest that the petitioner was responsible for the death of his father. The petitioner has been behind bars for about one year and as the only eye-witness has exonerated the petitioner, he be released on bail.