HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Criminal Misc. Petition No. 18913-M of 1997 filed by Harjinder Singh and Yadwinder Singh and petitioners whereby they have prayed for a direction to the Investigation Officer/SHO Police Station, Kot Bhai under section 438 Cr.P.C. that in the event of their arrest in case FIR No. 45 dated 26.6.1997 of police station Kot Bhai under sections 326/325/323/34 of the Indian Penal Code he shall release them on bail.

(2.) FACTS of the case as per Harjinder Singh who is lodger of the first information report are that on 26.6.1997 at about 1.30 PM Harjinder Singh and his father Gurdev Singh were removing weeds from the narma crop. Baldev Singh son of Atma Singh, Malkiat Singh son of Harnek singh armed with gandasas, Harpal Kaur wife of Baldev Singh armed with dang came in the narma field and started claiming that the narma crop belonged to them and they should leave the narma field. There was exchange of hot words between Harjinder Singh and his father on the one hand and Baldev Singh, Malkiat Singh and Harpal Kaur on the other hand. In the meantime Harjinder Singh's mother Balbir Kaur and Shiv Raj Singh who had come to set their fridge in order came there. When Harjinder Singh reached in the field of Bohar Singh, Baldev Singh raised lalkara that it was high time that Harjinder Singh be killed but they should not touch Gurdev Singh. Thereafter Malkiat Singh wielded kirpan toward the head of Harjinder Singh. Harjinder Singh to ward off the blow raised kasia. As a result kirpan below fell on his left little singer. Baldev Singh gave blow with the reverse side of gandasa on the nose of Harjinder Singh. Harnek Singh gave gandasa blow on the left shoulder of Harjinder Singh. Harpal Kaur gave dang blow to Shiv Raj on his head. Harnek Singh gave gandasa blow from its reverse side to Shiv Raj on his head. Harjinder Singh, Harjinder Singh's father Gurdev Singh and mother Balbir Kaur raised alarm. Baldev Singh, Malkiat Singh etc. ran away with their respective weapons. Occurrence was witnessed by Harjinder Singh, Gurdev Singh and Balbir Kaur. Harjinder Singh's wife Shavinderpal Kaur arranged conveyance and the injured were taken to Civil Hospital, Muktsar. As per Harjinder Singh they were given injuries because of land dispute between them inter se. On the statement of Harjinder Singh case was registered under sections 326/325/323/34 Indian Penal Code.

(3.) ACCORDING to Malkiat singh they were given injuries by Harjinder Singh and others because of land dispute between them inter se. Baldev Singh and Harnek Singh arranged conveyance and they took Malkiat Singh, Harpal Kaur and Gurdip Singh injured to Medical College and Hospital, Faridkot, where they were medically examined. Their injuries were x-rayed. Their injuries were found to fall within the ambit of sections 326/325/324/323 Indian Penal Code.