PHULLA DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On basis of the statement of Gurmit Singh, First Information Report No. 3 at Police Station Amloh, District Fatehgarh Sahib had been recorded. He had recited that in the village there were many cows those were wandering in the Village. On 15-1-1997 he was in his house and talking to his brother Nirmal Singh and uncle Rulda Singh pertaining to their domestic problems. Some of the cows that were wandering came in front of their house. At that time the petitioner son of Niranjan Dass was holding a gandasi in his hands. He also came there. He started abusing the complainant and said "Bhian Choda Chamara after taking the milk of cows now left the cows to wander in the village. "The complainant and his relatives tried to prevail upon the petitioner not to do so but he entered their house and thereupon said "come out Chamaro, let me see you today. "The petitioner gave a blow from the reverse side of the gandasi on the complainant. He raised an alarm 'Mar ditta, Mar Ditta'. The brother and uncle of the complainant tried to save him. The petitioner gave another blow from the reverse side of the gandasi on the person of complainant and ran away. While going away, he had threatened that the complainant would be eliminated.

(2.) By virtue of the present petition Phulla Dass petitioner seeks that he may be admitted to bail (sic) because the first information report has been registered with respect to offences punishable under Section 452/323/506 of the Indian Penal Code besides Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act').

(3.) Earlier the petitioner had filed an application in this Court seeking anticipatory bail and on 17-2-1997 the following order had been passed :-