SAMUNDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the aforementioned petitions filed on behalf of petitioners-Samunder Singh and Parvinder Singh seeking anticipatory bail in respect of a case registered against them vide FIR No.176 dtd. 18/11/2018 under Ss. 304/323/34 of Indian Penal Code, Police Station Kabarwala, District Shri Muktsar Sahib.

(2.) The FIR was lodged at the instance of Jatinder Singh wherein it has been alleged that he and his brother are having a Jewelery shop in a village Paniwala Chowk and that the adjacent shop is being run by Jaswinder Singh and Parminder Singh sons of Samunder Singh. It is alleged that on the day of occurrence i.e. 17/11/2018 when the complainant and his brother were closing down shop, the accused i.e. Jaswinder Singh and his brother Parminder Singh along with their father Samunder Singh started cleaning a mat as a result of which there was lot of dust which fell on the complainant and his brother and when the complainant and his brother objected to the same, the accused became angry. It is alleged that Jaswinder Singh and Parminder Singh took out baseball bats and their father Samunder Singh exhorted them to teach the complainant a lesson, upon which Jaswinder Singh gave a blow with a baseball bat to the complainant on his forehead and another on right side of head. Parminder Singh is alleged to have given a blow with a baseball bat on the right leg of the complainant and when complainant's brother Baljinder Singh came forward to rescue, Jaswinder Singh pushed him and he fell down and died at the spot.

(3.) Learned counsel for the petitioners has submitted that Baljinder Singh had not died on account of any injury caused by the accused and that even as per the FIR it is the co-accused (non-petitioner) Jaswinder Singh who had given a push to the deceased. Learned counsel in this context has referred to the post-mortem report wherein the cause of death had been stated as follows:-