SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of anticipatory bail in respect of FIR No.10 dtd. 4/2/2019 under Ss. 306, 506/34 of the Indian Penal Code, Police Station GRP Sirhind, District Government Railway Police.

(2.) The FIR was registered at the instance of Kulwinder Singh wherein it has been alleged that on 13/1/2019 when he along with other members of family was celebrating Lohri outside their house then Avtar Singh, Harchand, Jodh Pal Singh, Sukhwinder Singh, Tinku, Monu, Om Parkash, Gindi, Sewa Singh, Dharminder Singh @ Kala and Preet came there carrying bricks and stones in their hands and had attacked them. Sukhwinder Singh is alleged to be carrying an iron "Khurchna" (Spatula) and hit the same on the complainant's head, but the complainant managed to save himself. It is alleged that accused threw bricks and stones which hit the head of the complainant. The stone which had hit complainant had been thrown by Dharminder. Sukhwinder Singh is alleged to have thrown stones hitting complainant's son Lakhvir Singh on his private parts and on his left arm. Harchand Singh is alleged to have slapped the complainant on his face. It is alleged that although the complainant reported the matter to the police but no action was taken thereupon. The complainant has further alleged that thereafter on 3/2/2019 his son Lakhvir Singh called complainant's son-in-law Balvir Singh on his mobile phone telling him that Gindi and other had threatened him while stating that despite the accused having beaten the complainant and others, nothing had been done to the accused and challanged him that complainant party may do anything but they (accused) will get away with it. It is alleged that later his son Lakhvir Singh went out of his house without informing them and subsequently his dead body was found lying at the train track. It is alleged that Lakhvir Singh had committed suicide because of beatings given to him and threats of accused.

(3.) Learned counsel has submitted that he has falsely been implicated in the present case and that in any case the alleged beatings had taken place on 13/1/2019 whereas the suicide is alleged to have been committed by Lakhvir Singh on 3/2/2019 i.e. after more than 20 days. In any case Sukhwinder Singh is not stated to have threatened Lakhvir Singh on 3/2/2019 and in these circumstances, he cannot be said to have played any role in abetment of suicide of Lakhvir Singh.