JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this Cr. Misc. Petition, Jasbir Singh alias Bita has claimed bail in case F.I.R. No. 49 dated 3.4.1998 under Sections 302/404/148/149/120 -B, Indian Penal Code, of P.S. Division No. 6, Jalandhar.

(2.) THE prosecution case, in brief, is that Harvinder Singh alias Ghulla was putting up in H. No. 69, Guru Nagar, Model Town, Jalandhar. Manpreet Kaur, who is his sister's daughter, was also putting up with him for the last about three months since before April, 1998. Her maternal grandfather Sadhu Singh was living in America while her maternal grandmother was already dead. Her elder maternal uncle Sukhwinder Singh was living in England for the last many years. Harvinder Singh alias Ghulla had come back to Jalandhar from Phillipines about three months ago. On 1.4.1998, Manpreet Kaur went to Ajit Singh, her elder maternal grandfather, to H. No. 712, Guru Teg Bahadur Nagar. She learnt that her maternal uncle Harvinder Singh alias Ghulla had gone to his village Sarihn, P.S. Nakodar, on 2.4.1998 and he was to return at 6.00 p.m. and accompany her to his house No. 69, Guru Nagar, Jalandhar. Harvinder Singh alias Ghulla and one Jagdeep Singh alias Vicky, s/o Ajit Singh, told her that she should stay back and they would be coming after bringing meals. In the meanwhile, her maternal aunt Kuldeep Kaur, w/o Parvez Kumar r/o village Kala Sanghian, also came to H.No. 69. She and Kuldip Kaur were alone in the house. At about 9.00 p.m. her maternal uncle and that boy Vicky came back with liquor, meat and food. Her maternal uncle and Vicky started taking liquor while sitting in a bed room while she and Kuldip Kaur went'to sleep in their bed room after taking meals. On 3.4.1998 at about 8.00 a.m. when she got up, she noticed smell as well as smoke coming out of the room of Harvinder Singh alias Ghulla. She woke up Kuldip Kaur and apprised her about this. Her maternal aunt opened the door of the room of Harvinder Singh alias Ghulla and went inside and saw that Harvinder Singh alias Ghulla was lying chopped there while bed and mattress were burning. Left thigh and other portions of the body of her maternal uncle were also burnt. Blood -stained Kirpan was lying on the bed. Body was smeared with ghee. Manpreeet Kaur suspected Jagdip Singh alias Vicky to be having hand in the murder of Harvinder Singh alias Ghulla. She went to the house of Ajit Singh, Jai Hind, her elder maternal grandfather and narrated him the entire incident. Matter was reported to her by the police.

(3.) LEARNED counsel for the petitioner submitted that there is no direct evidence against the petitioner. According to the prosecution, he along with five co -accused made an extra judicial confession before Baldev Singh on 3.4.1998. That extra judicial confession should not be believed as Baldev Singh did not produce any of the accused before the police. Baldev Singh appeared before the police on 4.4.1998. There is the statement of one Harcharan Singh recorded on 4.4.1998. According to him, he had seen all the six accused coming out of the house of the deceased at about midnight. It was submitted that if that had been really so, he would have told this fact to Manpreet Kaur. It was further submitted that this piece of evidence was introduced by the police falsely. Parvinder Singh, co -accused, was allowed bail on 13.8.1998 by Hon'ble B. Rai, J. It was submitted that the case of this petitioner is not distinguishable from that of Parvinder Singh. It was further submitted that the petitioner had no animus to commit this murder.