SATPAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner prays for pre-arrest bail in FIR No. 209 dated 17.10.2003 (Annexure-P.1) registered for the offences under Sections 306 and 34 IPC.

(2.) THE petitioner was found innocent in the inquiry conducted by Assistant Superintendent of Police, City-I, Amritsar.

(3.) THE FIR (Annexure-P.1) has been recorded on the statement of Jagmohan Singh-complainant, who is the elder brother of Rachhpal Singh (deceased). It has been alleged that in the neighbourhood of Jagmohan Singh-complainant, Ashok Kumar son of Rattan Chand, resides. Tarsem Rani, mother of Ashok Kumar gave an application on 4.10.2003 that in the morning when her daughter-in-law went on the terrace in the toilet to answer the call of nature, on switching on the bulb, an unknown person had put a 'Parna' around her neck so as to strangulate her and ran away. She had suspicion that the person who put the 'Parna' had come through the house of Rachhpal Singh. On 16.10.2003, the complainant and his brother Rachhpal Singh (deceased) were going to Police Station for inquiry in respect of the application submitted by Tarsem Rani. Ashok Kumar and Satpal (petitioner) gave threats to Rachhpal Singh that they would beat him and they knew about the person who had come to their house and that the said person had been sent by him (Rachhpal Singh). Earlier also they were forcing Rachhpal Singh to depose in case FIR No.99 dated 25.5.2003 under Sections 306 and 34 IPC registered at Police Station Tarn Taran in which case the sister of Ashok Kumar had died. On 17.10.2003 at about 8.00/9.00 in the morning the complainant and his brother Rachhpal Singh were going to the police station regarding the complaint. While entering the police station, the brother of the complainant, namely, Rachhpal Singh fell down due to attack and he suffered an injury on the back of his head. Jagmohan Singh then arranged a conveyance and brought him to the Civil Hospital at the earliest. The brother of the complainant, namely, Rachhpal Singh was breathing on the way, however, while reaching the hospital the doctor declared him dead. It is alleged that Ashok Kumar and Satpal (petitioner) had threatened Rachhpal Singh to depose falsely and also allured him with money and due to mental pressure he died.