CHANAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition, filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in case bearing FIR No. 91 dtd. 9/10/2023, registered under Ss. 302, 323, 148 and 149 of IPC at Police Station Khem Karan, District Tarn Taran.

(2.) Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the statement of complainant Harpal Singh alleging therein that he and his brother Rachhpal Singh jointly owned 6 killas of land adjoining their residence. The land adjacent to their land belonged to their aunt Veero, out of which approximately 2 1/2 killas had been leased out to the present petitioner. On 9/10/2023 at about 12:41 PM, the complainant received a phone call from co-accused Prabhjit Singh @ Prabhu, who asked him to send his brother Rachhpal Singh outside for a discussion. After sending his brother, the complainant followed him after few minutes and saw that Prabhjit Singh @ Prabhu (armed with a datar), Shamsher Singh @ Shera (armed with a dang), Gurlal Singh (armed with a dang), and the petitioner along with 4-5 unknown persons, were present near the leased land. The complainant further alleged that the petitioner raised a lalkara to catch hold of Rachhpal Singh and teach him a lesson for releasing water into their leased land. The petitioner then caught hold of complainant's brother Rachhpal Singh and Prabhjit Singh @ Prabhu inflicted a datar blow on the left side of his head with an intention to kill, which caused profuse bleeding and resulting in his fall. Thereafter, co-accused Shamsher Singh @ Shera and Gurlal Singh further assaulted the victim Rachhpal Singh with sticks. On the complainant's raising alarm, all the assailants fled from the spot with their respective weapons. The injured Rachhpal Singh was immediately taken to Civil Hospital, Sura Singh, where he was declared dead. The motive for the occurrence was stated to be a dispute over irrigation as water from the complainant's field had allegedly entered into the paddy fields of the accused due to leakage, leading to a grudge and the subsequent attack.

(3.) After registration of the FIR, investigation proceedings were initiated. Post-mortem examination of the dead body of the victim and inquest proceedings were conducted. Accused Prabhjit Singh @ Prabhu was arrested on 0910.2023. He got recovered the weapon of offence i.e. a datar, used by him in committing subject crime. The petitioner was arrested on 22/10/2023. He suffered disclosure statement admitting his involvement in commission of subject offences. He got recovered the mobile phone, which was used for making call to the complainant for sending the victim for alleged discussion. Co-accused Shamsher Singh was found to be innocent during investigation. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offence.