LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 438 Cr.P.C for grant of anticipatory bail in FIR No.173 dtd. 17/8/2018 under Ss. 302, 201, 34 of IPC, registered at Police Station Jandiala, Amritsar.

(2.) The case against the petitioner was registered on the statement of one Ranbir Singh So Subeg Singh, in which it was alleged that his brother Harpreet Singh @ Happy was working as driver; with Nandani Gas Plant; on his vehicle Bolero bearing registration No.PB 08-BG 3683. On 16/8/2018, his brother Harpreet Singh @ Happy had gone on work at 7.00 a.m. at Mehta Road Hothian; by taking his vehicle. At 10.30 a.m., the complainant was going to Guru Ram Dass Hospital Hothian for some personal work on his motor cycle. When he reached near turning point of Dera Gumtalian Qilla Mehka, then his brother Harpreet @ Happy along with Dilawar Singh, Manpreet Singh, Lakhbir Singh @ Gabbar and Bhinda met him; while coming from bus stand of Hothian. The complainant stopped them and asked his brother Harpreet Singh @ Happy as to where he was going with them. His brother told that he was going for some work. Thereafter, the complainant returned to his home at about 78 p.m.

(3.) Thereafter, since his brother did not return home, therefore, he tried to contact his brother. However, his phone was switched off. Thereafter, the complainant searched for his brother but he could not trace him. On 17/8/2018, at about 8.30 a.m. when he reached at the turning point of village Khankot in search of his brother then he saw the dead body of his brother Harpreet Singh @ Happy floating in Sua (Canal). Accordingly, the complainant had lodged a complaint that he was sure that the said Dilawar Singh, Rajinder Singh, Manpreet Singh, Gabbar Singh So Amrik Singh and Bhinda, who were already known to the complainant personally, had caused the death of his brother, by injecting him with some intoxicant substance. It was further alleged that the motive behind the occurrence is that about 23 months back, his brother had a dispute with these persons and he had also disclosed to the complainant that the said persons were demanding money from him, for sale and purchase of heroine, which he did not give to them. On account of this, the persons named in the FIR were having grudge against him.