RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Crl. Misc. No. 3659-M of 1999 whereby Ravinder Singh has prayed for the grant of pre-arrest bail to him in case FIR No. 363 dated 20.10.1998 registered at PS Sadar Patiala under Sec. 308/324/325/506/34 Indian Penal Code to which later on offence under Sec. 308 Indian Penal Code was added.

(2.) The prosecution case in brief is that Kiratpal Singh son of Jaswant Singh along with his Children was lighting candles on the walls of his house on 20.10.1998. His father was sitting near the door of the house. In front of the door of his house in the street, Khushi Singh Harjit Singh sons of Kartar Singh, Satinder Singh son of Khushi Singh and Ravinder Singh son of Surjit Singh got together and went towards 'the house of Harjit Singh. After some time, at about 6.30 PM, they all came back. Ravinder Singh was carrying gandasi, Khushi Singh was carrying stick, Harjit Singh was carrying stick, and Satinder Singh was carrying gandasi. Harjit Singh and Satinder Singh raised lalkara in front of House of Kiratpal Singh that they must teach them a lesson. They pulled his father Jaswant Singh and threw him in the street and pulled him again. People collected and they tried to save Jaswant Singh. They did not spare Jaswant Singh and threw him into the water. Ravinder Singh dealt gandasi blow on Jaswant Singh which hit him on his head. Khushi Singh gave stick blow hitting on the teeth of his father. Harjit Singh gave stick blow on the back of his father Jaswant Singh. Satinder Singh gave gandasi blows on the head of Jaswant Singh. Kiratpal Singh rushed to the spot. Dalbir Singh son of Harbans Singh resident of the same village came from the other side on the spot and witnessed the occurrence. They ran away after leaving Jaswant Singh feeling that he was dead. Jaswant Singh was taken to Rajindra Hospital, Patiala for treatment. Office of Sarpanch had been with Jaswant Singh's family for 40 years. In the last panchayat election, Ravinder Singh contested for the office of Sarpanch but was defeated by Jaswant Singh party by overwhelming majority and Jaswant Singh party won. Ravinder Singh party could not digest their defeat and they caused injuries to Jaswant Singh.

(3.) Learned counsel for the petitioner submitted that in the medico-legal report pertaining to Jaswant Singh, doctor had shown 9 injuries. In the medico-legal report, injury No. 2 was shown as the result of sharp edged weapon and the remaining injuries were shown as the result of blunt weapon. Injuries No. 4, 8 and 9 were simple injuries. Injuries No. 1 and 2 were kept for surgical opinion and injuries No. 1, 2, 3, 5 and 7 were kept for X-ray. Injuries 4, 8 and 9 were opined to be simple injuries. It was submitted that initially case was registered under section 323/324/506/34 Indian Penal Code. Learned counsel for the petitioner submitted that one head injury alleged to have been given with gandasi has been attributed to two persons i.e. Ravinder Singh and Satinder Singh co-accused. Head injury could not be attributed to Ravinder Singh and Satinder Singh both. It was further submitted that Satinder Singh, to whom head injury has been attributed, was released on anticipatory bail. On the analogy that Satinder Singh has been released on anticipatory bail, petitioner should also be released on anticipatory bail. On 26.10.98, the police filed report in the court of Additional Sessions Judge, Patiala that they had not yet obtained any opinion of the doctor regarding any grievous injury on any part of the body of the injured. Learned Additional Sessions Judge, Patiala declined pre-arrest bail saying that the prayer for pre-arrest bail was not maintainable as any non-bailable offence had been added. He observed that in case any non-bailable offence was added, the accused would be allowed 4 days time so that they could apply for anticipatory bail. Now the police have added offence punishable under section 308 Indian Penal Code after a lapse of two months and after one month and 20 days of the discharge of the injured. On 7.1.99, Additional Sessions Judge, Patiala directed the prosecution to get clarification from the concerned medical board with regard to injury No. 1 which had been shown "dangerous in nature", whether this injury was dangerous to life and what was the meaning of "dangerous in nature". Order of the Additional Sessions Judge, Patiala is Annexure P1. It was submitted that thereafter the prosecution and the complainant in connivance with one of the doctors of the medical board instead of getting the opinion of the board got the opinion from one doctor i.e. Dr. Harish Tuli qua injury No. 1 which was earlier shown as "dangerous in nature" was dangerous to life and the opinion of the two other doctors was not obtained through they were also members of the medical board. Dr. Harish Tuli is Professor and Head, Forensic Medicine Govt. Medical College, Patiala and he was one of the members of the board. He opined that "dangerous in nature" means dangerous to life. Learned counsel for the petitioner repeated that there was one injury on the head of Jaswant Singh which injury has been ascribed to Ravinder Singh and Satinder Singh both, one injury could not be ascribed to both. Satinder Singh to whom the same injury has been attributed has been allowed pre-arrest bail. Ravinder Singh has been on the same footing and deserves the same treatment. It was further submitted that section 308 Indian Penal Code was added after elapse of two months and 20 days with an oblique motive so that the petitioner was arrested as he was on bail since 20.10.1998 and the injured was discharged on 28.10.1998.