SHIV LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner an accused of having entered into conspiracy in the murder of Bhim Tank with other accused Harpreet Singh @ Harry, Amit Doda and about 20 other persons, seeks concession of pre -arrest bail.

(2.) The prosecution in this case was launched on the basis of statement made by Ranjit Singh @ Rana, to the effect that Bhim Tank was his family friend and former President of Bhim Pickup Union. He was working under the petitioner who is running his business of liquor vends in the States of Punjab, Haryana, Himachal Pradesh, Uttar Pradesh (U.P.) and Rajasthan. Bhim Tank earlier worked in one of the liquor vends owned by the petitioner but on account of some dispute having arisen between Bhim Tank and the petitioner, he stopped working with the petitioner on account of which petitioner nursed a grudge against Bhim Tank. The liquor business of petitioner is taken care of by his nephew Amit Doda. Petitioner and Amit Doda became inimical towards Bhim Tank on account of he having opened his own Dhaba in Abohar Town, leaving the job of petitioner. Raja and Wazir Singh used to stop the vehicles which used to come from outside and indulged in effecting illegal recoveries. Bhim Tank being ex -President of Pickup Union used to stop them on account of which there was a dispute going on between them. On 11.12.2015, Harpreet Singh @ Harry rang up Gurjant Singh on telephone and told him that he and Bhim Tank should come to the Farm of the petitioner in Ramsara village where Amit Doda would get the matter compromised between Bhim Tank and Wazir and Raja. Bhim Tank and Gurjant Singh in Innova Car whereas complainant along with Jaspal Singh maternal uncle of the complainant and Ajay Kumar drove in their Tarno Nissan Car towards Ramsara. Bhim Tank and Gurjant Singh went inside farm house where Harpreet Singh @ Harry, Raja, Wazir Singh, Radhe Sham alias Radhia, Devinder, Gulabia, Davinder alias Pari, Vicky Pandit, Simran, Chhaju and Happy Thakur besides 6 -7 unidentified persons were already standing. When Bhim Tank and Gurjant Singh alighted from the vehicle, Radhey Sham, Davinder alias Pari and 3 -4 unidentified persons brought Bhim Tank on the ground and Harpreet Singh @ Harry, Wazir, Raja, Gulabia armed with kirpan and tokas, chopped off both hands/wrists and two feet of Bhim Tank whereas Vicky Pandit, Radhia and Harry chopped off right hand/wrist of Gurjant Singh and also caused more injuries. On alarm being raised, all the accused ran away from the spot along with their respective weapons. Bhim Tank and Gurjant Singh were put in a vehicle and brought to Civil Hospital, Abohar where after taking first aid they set out for Amandeep Hospital, Amritsar. When they reached Amritsar, by then Bhim Tank had died. The complainant got Gurjant Singh admitted in Amandeep Hospital, Amritsar, and after bringing back Bhim Tank placed the dead body of Bhim Tank at dead house where the police reached and statement of Ranjit Singh was recorded.

(3.) On receipt of information of the occurrence, the police appears to have collected the MLRs of Bhim Tank and Gurjant Singh and went to Amritsar on coming to know that injured persons have been referred to Amritsar where it transpired that Bhim Tank had died and his dead body was being brought by his heirs to Abohar. Above said statement of Ranjit Singh was recorded by the Investigating Officer at Civil Hospital, Abohar. Statement of Ranjit Singh was sent for registration of the FIR.