SULEMAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.82 dated 06.05.2016 registered for the offences punishable under Sections 304, 302, 148 read with Sec. 149 of Indian Penal Code, at Police Station Sadar Nakodar, District Jalandhar.

(2.) Learned counsel for the petitioner has argued that as per allegations in the FIR, petitioner along with Manjinder Singh, Avtar Singh, Tejinder Singh and Varinder Singh @ Vicky came to the land of husband of complainant and started abusing him. They also had scuffled with him which attracted Mandeep Singh nephew of complainant and Balwant Singh son of Nirmal Singh. On seeing both of them, accused ran away from the spot. Due to the scuffle and threats given by the aforesaid persons, Teja Singh felt perplexed and was shifted to the hospital, where he was declared brought dead and cause of death was recorded as 'cardiac arrest'. Complainant had categorically stated that the death of her husband was caused due to scuffle and threats given to him by the petitioner and his coaccused.

(3.) Learned counsel for the petitioner further submits that it was in the supplementary statement of complainant that she changed the version and attributed injuries caused to her husband. The police after investigation has filed the challan. No injury, which proved fatal to Teja Singh, has been attributed to the petitioner. As per viscera report, deceased was under the influence of liquor. As per the MLR, the petitioner was lying admitted in Civil Hospital, Shankar, District Jalandhar on 05.05.2016 i.e. on the day of occurrence. He had also suffered injuries. All this indicates that petitioner has been falsely implicated in this case.