NEERAJ @ GINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case FIR No.156, dated 27.6.2005, registered under Sections 302/120-B/148/149 of the Indian Penal Code, at Police Station Bagha Purana, District Moga.

(2.) Inderjit Kaur, a co-accused, lodged the aforementioned FIR, disclosing therein that her husband left the house at about 8.30 pm informing her that he would be back in 10 minutes As he did not come back, she and her family members conducted a search but to no avail. In the morning, they were informed by some body that the dead body of Kulwant Singh was lying in the pits near the canal bridge. She reached the spot and identified the dead body of her husband, which revealed injuries by a sharp edged weapon to the head, neck, face and other parts of the body. During investigation, it was transpired that Kulwant Singh had been murdered by the complainant, his wife, with the help of the petitioner and others.

(3.) Counsel for the petitioner contends that there is no direct evidence as to the petitioner's involvement in the murder except for an extra-judicial confession, made by his co-accused, before one Jeet Singh, ex-sarpanch of village Ganji Gulab Singh and Balwant Singh, resident of Dharamkot. It is contended that the extra-judicial confession is a fabrication. There was no reason for the petitioner or his co-accused to have confessed before Balwant Singh, resident of Dharamkot, at a distance of about 60 kms. from the petitioner's residence. The other incriminating evidence, against the petitioner, is the recovery of a Kapa (a datar like weapon), which has been foisted upon the petitioner. The aforementioned weapon was not sent for chemical analysis. It is further argued that the petitioner has been behind bars for the last about nine months but no witness has been examined by the prosecution. It is further contended that Manjit Kaur, a co- accused, has already been granted regular bail by this Court.