LAWS(P&H)-2009-7-40

KULWINDER SINGH Vs. STATE OF PUNJAB

Decided On July 30, 2009
KULWINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) LEARNED counsel for the applicant/appellants Chamkaur Singh and Sohan Singh has argued that the applicants were Constables posted at Police Station Sherpur District Sangrur where the unfortunate death of Ravinder Singh took place. The learned counsel has further argued that as per the medical report, the cause of death was due to Cynope due to Vasovagal inhibition. This is a natural form of death and the applicants had nothing to do with the death of Ravinder Singh. The co-accused Mukhtiar Singh appellant No. 5 of the applicants was granted bail on 12.9.2006. The applicants are better placed than Mukhtiar Singh. The applicants were mere constables and they had nothing to do with the interrogation of deceased Ravinder Singh.

(2.) WE have heard the learned counsel for the applicant/appellants, perused the medical report and statements of the witnesses attached with the bail application.

(3.) WE cannot overlook this fact that Ravinder Singh was in the custody of the applicants in Police Station Sherpur, though the applicants have a right to give a flat denial and no question can be asked by the Court but it is difficult to overlook this fact that the deceased was within the four walls of Police Station Sherpur in the custody of the applicants, when his death took place. Appellants were the ones who only knew as to what happened within those four walls at that moment of time immediately before Ravinder Singh was taken to the hospital.