RAJINDER ALIAS GORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE complainant Sukhdev Singh got a case registered under Sections 302/34/120-B of the Indian Penal Code and under section 25/27 of the Arms Act on 21.10.1995 at Police Station Nathana, District Bathinda against the petitioners Rajinder, Jagsir and Dhanraj Singh.

(2.) IT is alleged that on the eventful day the complainant along with his two nephews Bikramjit Singh and Sukhminder Singh had gone to their Rohiwala field for ploughing which is away at a distance of 6 Kilometres from their village. His nephew Sukhminder Singh went to take water on a hand-pump installed nearby their fields at 11 A.M. when from the cotton field the petitioners-accused appeared and raised a lalkara and each of them was armed with a gun. The alarm raised by them was that they would teach them a lesson by committing murder. They pounced upon Sukhminder Singh and fired three shots at him. The complainant and his other nephew ran away from the place of occurrence and came back after some time and found that the said victim Sukhminder Singh had received three gun shots on his body and as a result of which he was dead.

(3.) NOW the bail is sought by the petitioners on the ground that even the post-mortem report does not support the case of the prosecution. No specific injury is attributed to have been caused by any one of them on the deceased and on some general allegations they have been implicated. It appeared during the investigation that a single shot had been received by the victim and not the three gunshots as alleged by the complainant in the case. The prosecution witnesses Sukhdev Singh and Bikramjit Singh are themselves accused in the case. It is yet to be determined as to who out of these two groups is the actual culprit and prima facie the finding of the police is in favour of the petitioners. No evidence has yet been recorded and the trial is likely to take a long time and therefore the petitioners are entitled to bail.