MANOJ PAL Vs. STATE (U T ) CHANDIGARH

JUDGEMENT

(1.) This is Crl. Misc. No. 10283-M of 1999 whereby Manoj Pal son of Shri Ballu Ram-petitioner is claiming bail in case FIR No. 47 dated 8.6.1998 registered under Section 302/307/34 of the Indian Penal Code read with Section 25/27 of the Arms Act at Police Station North Chandigarh.

(2.) The prosecution case in brief is that on 8.6.1998 at about 8.00 p.m., one Jatinder Bal Singh was sitting in Maruti car bearing registration No. CHO-IM-1010 along with his friend Manjit Singh son of Harwinder Singh infront of Vijay Confectionery near the pavement in Sector 10, Chandigarh. This car was parked on the road. This car had been borrowed by Jagtinder Bal Singh from his aunt's son Harpreet Singh resident of Sector 26. This car had been driven to Sector 10 by Manjit Singh. Manjit Singh was sitting on the driver's seat in the car. Jagtinder Bal Singh got down. He purchased a bottle of Bisleri from Vijay's shop and again sat on the front co-passenger seat of the car. Lights of the market as also street lights were on. He and Manjit Singh were sitting in the car and talking to each other. In the meanwhile, two boys namely Vicky resident of village Barkandi, District Muktsar and Manoj Lal was resident of House No. 494 Sector 6, Panchkula carne to the market from the side of Post Office towards the shop of Shri Vijay Confectioner. Jagtinder Bal Singh had known both of them as he had a tiff with them about 6/7 months ago in a cultural show in Chandigarh Club, when they were teasing the girls and he had stopped them, which resulted into grappling but the same was settled with the intervention of persons present there. These boys had threatened to kill him (Jagtinder Bal Singh) while leaving. As they reached the verandah in front of Vijay Confectioner's shop, they saw him and Manjit Singh sitting in the car. Manoj Lal was pointed towards them i.e. Jagtinder Bal Singh and Manjit Singh and raised lalkara telling Vicky that Jagtinder Bal Singh and Manjit Singh be not spared. Vicky then took out pistol from the side and fired towards us. One bullet hit his friend Manjit Singh on his right eye-brow and he was seriously injured. Jagatinder Bal Singh ducked and saved himself. He took out his 12 bore double barrel gun from the car and fired in the air in order to save himself. Vicky and Manoj ran away from the spot. In the meanwhile, one Head Constable along with two constables of Chandigarh Police, whose names were lateron known as HC Satguru No. 1610 and Constable Sham Lal and Constable Lallan Singh came. HC Satguru chased them and the two constables Sham Lal and Lallan took into possession the gun of Jagatinder Bal Singh. Manjit Singh was shifted by him to PGI by driving the car himself. Doctor declared Mail it Singh dead. Vicky and Manoj Lal was had killed Manjit Singh by firing from the pistol. Jagatinder Bal Singh was also fired at to be killed.

(3.) Learned counsel for the petitioner submited that as per constable Sham Lal on 8.6.1998 he was on duty in sector 10 Market along with HC Satguru and Copstable Lallan Singh. At about 8.00 pm., he while patrolling reached near the entry gate of Hotel Mount View along with other police officials, they heard report of gun fire. Before he could make out from where the gun shot had been fired, in the meanwhile, he again heard the report of more gun shot. The report came from the side of booths. He saw one young sikh gentleman whose name lateron came to be known as Jagatinder Bal Singh firing gun shot after roaming out of his car on the left side and fired gun shots towards booth on the higher side from his double barrel gun and sat in the car. In the meantime one Maruti Car bearing registration No. CH-01-M-1010 of White colour and tainted glasses came very fast in reverse gear and rammed in the three wheeler standing nearby and he saw that there was chaos in the market. He and Lallan Singh ran towards the car and Lallan Singh snatched the gun from Jagatinder Bal Singh. The aforesaid maruti car speeded towards Sector 8 Market and they through wireless set informed the control room. Within no time, SI Ram Dayal reached the spot. He was also informed about the aforesaid incident. After the arrival of SI Ram Dayal, place of occurrence was photographed and Lallan Singh handed over to him a double barrel gun .12 bore of Jogatinder Bal Singh. Two used cartridges were found in the chamber of the gun. One empty of pistol from the pavement in fi-ont of Vijay Confectioner was recovered. To the same effect is the statement of constable Lallan Singh.