LAWS(P&H)-1999-1-136

GURKIRPAL SINGH Vs. STATE OF PUNJAB

Decided On January 14, 1999
GURKIRPAL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is Criminal Misc. No. 28252-M of 1998 whereby Gurkirpal Singh and Satpal Singh are praying for the grant of anticipatory bail in case FIR No. 65 dated 25.7.1998 registered under Sections 307/325/324/323/148/149 IPC at P.S. Dasuya. The brief facts of the case are as follows:

(2.) On 24.7.1998 at about 6.30 P.M., Buta Ram Mason, was proceeding through Haveli of Gurkirpal Singh to his house when Harvinder Singh son of Ninnal Singh, armed with datar, Santokh Singh son of Mehar Singh armed with datar were standing in the street. On seeing Buta Ram, Santokh Singh raised lalkara that he should be caught hold of and taught lesson for not casting his vote. Harvinder Singh gave datar blow to Buta Ram. Santokh Singh wielded datar towards Gurkirpal Singh when he tried to save Buta Ram. Gurkirpal singh raised his left hand to ward off the blow and the blow fell on the backside of his left hand. Gurkirpal Singh ran away, but fell down while entering his house. He was chased by Santokh Singh who gave datar blow which fell on his left shoulder. This is the version of Gurkirpal.Singh.

(3.) So far as Santokh Singh is concerned, his version is that on 24.7.1998 at about 5.30 p.m., he was informed by his wife Kamaljit Kaur that Harvinder Singh alias Ladi on his way back home was attacked in the street by Buta Ram, Mohinder Singh son of Arjan Singh, Harbhagwant Singh son of Mohinder Singh, Gurkirpal Singh son of Mohinder Singh and Dilbag Singh son of Harinder Singh, who had given him injuries. Santokh Singh came home and he saw Harvinder Singh bleeding. He stopped Lakhbir Singh, who was going on a scooter, to give ride to Harvinder Singh. On the scooter of Lakhbir Singh, Harvinder Singh was taken to Civil Hospital, Dasuya. In the Civil Hospital, Dasuya, at about 6.30 P.M., Jagmohan Singh alias Babbu son of Santokh Singh, armed with datar, Baljit Singh alias Bua son of Dewan Singh, armed with Chhura, Hamek Singh alias Sona son of Gurmit singh armed with Kamanidar Knife, Hardial Singh son of Amar Singh, armed with datar, Mohinder Singh son of Adan Singh, empty handed, but wearing gatra-kirpan, Satpal Singh son of Gurdev Singh armed with datar and Sukhmandar Singh son of Jagmohan Singh, armed with datar were standing there. On seeing them, Jagmohan Singh raised lalkara that he had got a word with DSP Ravi Bhushan and he would help them. All these persons started inflicting injuries with their respective weapons to Harvinder Singh alias Ladi. Jagmohan Singh gave datar blow, hitting him on the right hand. Baljit Singh gave chhura blow to Harvinder Singh alias Ladi on his left flank. Hamek Singh gave Kamanidar Knife blow on the left flank of Harvinder Singh. Harvinder Singh alias Ladi fell down. Satpal Singh gave datar blow to Santokh Singh. Santokh Singh tried to ward off the blow and raised his left hand and the datar blow fell on the finger of his left hand. Harvinder Singh alias Ladi started running towards inside the Hospital when Hardial Singh son of Amar Singh gave datar blow to him, hitting him near the neck and left shoulder. Harvinder Singh alias Ladi again fell down. When he was lying fallen, Mohinder Singh gave small kirpan blow hitting him on the left side of his chest. Santokh Singh fell down and was given injuries by Jagmohan Singh etc.