KULWINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition under Section 439 of the Code of Criminal Procedure is for grant of regular bail to Kulwinder Kumar son of Harbhajan Lal in case bearing FIR No.129 dated 11.10.2018 under Sections 302, 392, 397, 411, 450 IPC (Section 201 IPC added subsequently) registered at Police Station Balachaur, District Shaheed Bhagat Singh Nagar.

(2.) Facts relevant for the purpose of decision of the present petition; complainant Rakesh Kumar informed the police that his elder brother, namely, Ashok Kumar along with his family members was residing in Village Dugri Bet. His mother, Vidya Devi alias Banso used to reside at Kapurthala as well as Dugri Bet in his house alongwith Monika, aged 10 year, daughter of his brother, Ashok Kumar. On 11.10.2018 at about 2.30 PM, he received a call from his aunt (Mausi Fabbo Devi) that his mother, Vidya Devi had been murdered by some body. On hearing that, he reached at his village and saw that some unknown persons after trespassing his house, had killed his mother with sharp edged weapon. His niece, Monika told him that when she returned from the school at 2.00 PM, she saw her grandmother killed by somebody.

(3.) During investigation, Sukhdev Singh son of Sharma Ram disclosed before the Police on 16.11.2018 that accused Hardip Kumar alias Kalu had made extra judicial confession on 14.11.2018 before him that he had committed the murder of Vidya Devi alias Banso as she had refused to make payment of the injections. Sukhdev Singh had also stated that even Hardip Kumar had told him that he had taken the ear-rings of Vidya Devi. On this, Hardip Kumar was arrested and during interrogation, Hardip Kumar disclosed that he had given one ear-ring to his friend, Kulwinder Kumar alias Ronny and as such, present petitioner was arrested. On his disclosure statement, one ear-ring was recovered from bathroom of his house.