RAJAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this order I propose to dispose of three petitions for grant of pre-arrest bail filed by petitioners-Rajan Kumar, Shakeen Singh and Inderjit Singh, all of them having been summoned to face trial in FIR No. 134 dated 13.9.2016 for offence under Section 302/34 IPC registered at Police Station Mehtiana, by the Court of Additional Sessions Judge, Hoshiarpur, while allowing application under Section 319 Cr.P.C., 1973 moved during trial.

(2.) Briefly stated, the facts of the case as per prosecution version, are that the FIR in question was registered on the basis of statement of complainant Kuldeep Singh s/o Jarnail Singh r/o Patrana, P.S. Mehtiana, Hoshiarpur, aged about 25 years, which he got recorded with the police on 13.9.2016, in which he stated that he is working in GNA factory, Mehtiana; that they are two brothers and his father had gone to Italy. According to the complainant, his younger brother Karandeep Singh, aged about 21 years was doing farming. On the fateful day i.e. 12.9.2016, he had gone to his factory for night duty, at about 8.30 P.M. his cousin Rachhpal Singh telephonically informed him that he should reach home immediately as his brother Karandeep Singh was very serious. He rushed home and came across his cousin brother Rachhpal Singh and uncle Santokh Singh, who told him that Balwinder Singh @ Binda son of not known, Rajan son of not known, Sarabjit Singh son of Chaman Lal and Shakeen Singh son of not known, in connivance with each other had attacked Karandeep Singh @ Kaka with sharp edged weapons at village Pandori Bibi and in that way committed his murder near Government water tank. As such the complainant alongwith Santokh Singh and Rachhpal Singh aforesaid, besides Bora Singh s/o Kartar Singh r/o village Bhatrana reached the spot and observed dead body of Karandeep Singh lying there. In the statement to the police, the complainant stated that the motive for the instance was that about a year earlier, the persons named by him, in the earlier part of his statement had a quarrel with his brother Karandeep Singh @ Kaka and a court case in that regard was pending. On the basis of such statement the FIR had been registered. The investigation in the case began. Balwinder Singh @ Binda, Sarabjit Singh s/o Chaman Lal were arrested in this case on 14.9.2016. Sarabjit Singh got a khanda recovered from his possession, which had been used in the incident. As a result of enquiry being conducted by the police, Shakeen Singh s/o Piara Singh and Inderjit Singh s/o Shakeen Singh and Rajan Kumar s/o Kamaljit Kumar, were found innocent by Special Investigation Team, as such challan against Balwinder Singh @ Binda and Sarabjit Singh only was filed, whereas the three persons declared innocent were placed in column No. 2 of the challan. During the trial statement of eyewitness Satnam Singh was recorded. Thereafter, an application under Section 319 Cr.P.C., 1973 was filed by the prosecution, which was allowed by Additional Sessions Judge, Hoshiarpur, vide order dated 5.5.2017 and Shakeen Singh, Rajan Kumar and Inderjit Singh were ordered to be summoned to face trial alongwith Sarabjit Singh and Balwinder Singh @ Binda, actually facing trial in the Court. The petitioners by way of filing petitions under Section 438 Cr.P.C., 1973 crave for grant of pre-arrest bail.

(3.) Notice of the petitions was given to the respondents, who put in appearance and opposed such petitions.