DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, I intend to dispose of two petitions i.e. CRMM-38115-2018 filed by petitioner Dalbir Singh and CRM-M-38847- 2018 filed by petitioner Kashmir Singh, who are accused in FIR No.50 dated 29.7.2018, under Sections 354, 323, 506, 34 IPC, registered at Police Station Behrampur, District Gurdaspur for grant of regular bail.

(2.) Briefly stated, the facts of the case, as per the prosecution version are that criminal machinery in this case was set into motion by complainant Amarjit Kaur, an Anganwari worker, whose husband is serving in BSF. She made statement to the police stating therein that her father-in-law has since expired and a dispute regarding use of common tubewell installed in the joint land had been there between them and their collaterals; the electricity connection is in the name of younger brother of his deceased father-in-law, namely, Joginder Singh; that on 28.7.2018 Kashmir Singh and Sukhwinder Singh were irrigating their fields forcibly and when the complainant and her elder sister-in-law (JETHANI) Sukhwinder Kaur tried to stop them from doing so, then on an lalkara (exhortation) being raised by Kashmir Singh, Kulwinder Kaur also arrived at the spot; that Sukhwinder Singh caught hold of the complainant with an intention to outrage her modesty asking Kulwinder Kaur to tear clothes of complainant, which she was wearing; that Kulwinder Kaur tore her shirt from the shoulder; that Sukhwinder singh gave spade blow to complainant hitting her on left bicep; that when Sukhwinder Kaur came ahead, accused Sukhwinder Singh gave two spade blows to her hitting Sukhwinder Kaur on her back and left elbow, then Sukhwinder Singh gave another spade blow from reverse side hitting her on middle finger of left hand; that three daang blows given by Kashmir Singh hit Sukhwinder Kaur on her left palm, right thigh and left bicep; in the meanwhile Hardip Singh, husband of complainant arrived at the spot; he intervened and saved the complainant and Sukhwinder Kaur from accused.

(3.) On the basis of that statement, formal FIR was registered. Investigation in the case started. Accused Dalbir Singh and Kashmir Singh were arrested in this case on 8.8.2018. They had moved applications for regular bail in the Court of Sessions, however, the same were dismissed by learned Additional Sessions Judge, Gurdaspur, as such they have approached this Court by way of filing these petitions asking for the similar relief, notice of which has been issued to the respondent - State, which put in appearance through counsel.