GURPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE are Criminal Misc. Nos. 1551-M of 1999, 45-M of 1999 and 27035-M of 1998, whereby Gurpal Singh son of Wassan Singh, Charan Kaur widow of Wassan Singh and Baljinder Kaur wife of Gurpal Singh have claimed anticipatory bail in a complaint case titled Kashmir Singh v. Gurpal Singh and others under sections 302/34 IPC pending in the Court of Sub-Divisional Judicial Magistrate, Ajnala.

(2.) THROUGH this order, which will be common to all these Criminal Misc. petitions, I would dispose of all these Criminal Misc Petitions.

(3.) LEARNED counsel for the petitioner-accused submitted that the version of the complaint is highly delayed. According to version of the complaint murder of Charno daughter of Apar Singh took place on the night intervening 24/25-1- 1997. Version that Charno was done to death by the petitioners-accused saw the light of the day after 9 months. Learned counsel for the petitioners- accused submitted that version of the complaint is bereft of naturalness and spontaneity. It was also submitted that Smt. Charno was an old woman of 80. She died natural death and that was why nobody was challaned. Investigation was made by the police and 100's of people appeared during investigation and stated that Charno died due to old age. She fell down in the house and died. It was submitted that Kashmir Singh had a motive to implicate Gurpal Singh etc. falsely as Charno had executed a Will in favour of Gurpal Singh to the exclusion of Kashmir Singh and Joginder Singh. It was submitted that Gurpal Singh and Charno had filed suit against Gurlal Singh s/o Joginder Singh and Kashmir Singh son of Apar Singh for declaration that they are owners in possession of land measuring 52 kanals 17 marlas at village Lopoke and sale deed dated 21.2.1994 qua land measuring 35 Kanals 9 Marla was illegal, null and void and without consideration and had not been executed by them and that suit was decreed. Learned Counsel for the petitioners-accused submitted that there was litigation between them. Kashmir Singh was putting pressure upon Gurpal Singh and Charno to withdraw that suit and when they did not agree to withdraw that suit, he filed that complaint against them and Baljinder Kaur falsely.