LAWS(P&H)-2019-7-45

AMANPREET SINGH Vs. STATE OF PUNJAB

Decided On July 05, 2019
AMANPREET SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This order shall dispose of the aforesaid three petitions filed on behalf of the petitioners Amanpreet Singh, Jagroop Singh, Gurdev Kaur, Jalandhar Singh and Gurpreet Singh seeking grant of anticipatory bail in respect of a case registered vide FIR No.45 dated 20.7.2018 at Police Station Sadiq, District Faridkot under Sections 324 , 323 , 148 and 149 of Indian Penal Code, wherein vide DDR No.22 dated 8.10.2018, offence under Section 326 IPC was added.

(2.) The FIR was lodged at the instance of injured Nirmal Singh. As many as six persons have been arrayed as accused, who are stated to be armed with sticks, gandasi and kulhari. Jalandhar Singh is alleged to have caused injury with 'gandasi' on index finger of left hand of complainant. Nachhatar Singh, as per FIR, was armed with a stick and is attributed one blow on the left arm of the complainant-Nirmal Singh. Aman gave a blow wih stick on knee. Jagroop gave axe blow on index finger of right hand. Sabha is stated to have given 'takua' blow on middle finger of right hand. Jalandhar gave another blow with 'gandasi' on middle finger of right hand. Gurdev Kaur gave stick blow on back. Jagroop gave axe blow on left ear. Sabha gave takna blow behind ear. Jagroop gave 'gandasi' blow from its reverse side which hit on the right side of head of injured Nirmal Singh. Nirmal Singh is alleged to have received as many as 12 injuries both simple and grevious. Complainant's son Gursewak Singh is also alleged to have sustained one injury on his head which had been declared as a simple injury. It is also the case of prosecution that Nirmal Singh had sustained incised wounds on fingers of both of his hands which have been declared as 'grevious injuries'.

(3.) Learned counsel has submitted that in fact it is a case where even the accused party had sustained injuries which have not been explained. It has been submitted that while Jalandhar Singh from accused party sustained 5 injuries, Aman sustained 2 injuries and Jagroop Singh sustained 8 injuries and that in these circumstances it will certainly be debatable as to which of the party is the aggressor.