MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Crl. Misc. No. 27787-M of 1998 whereby Madan Lal, petitioner herein, is seeking bail in case FIR No. 93 dated 3.5.98 under Section 302/307/323/325/148/149, Indian Penal Code registered at P.S. Division No. 6, Ludhiana.

(2.) The prosecution case in brief is that on 2.5.98 at about 8.30 PM, Pritam Singh was standing in front of his house. In the meantime, Gian Chand son of Malha Ram who also resides in front of his house and his son Raj Inder Kumar, who was having iron rod in his hand, Jaspal alias Babu who was having a hockey stick and Madan Lal who was having piece of iron (iron rod) came. Gian Chand gave lalkara that he (Pritam Singh) should not be allowed to go alive and he be taught a lesson for constructing a wall in the street. In the meantime, Rajinder Kumar dealt blow with iron rod on the right side of the head of Pritam Singh. Madan Lal dealt blow with iron piece (iron rod) on his right hand. Pritam Singh fell down in the street. Jaspal dealt blow with hockey stick on his right eye when he was lying fallen on the ground. Pritam Singh raised raula "maar ditta - maar ditta". His neighbours Jaswinder Singh and Jaswant Singh reached the spot in the meantime. Mohan Lal Kapoor etc. came with jugs and mugs containing acid and they sprinkled acid on Jaswnat Singh on his arms, chest and nose. Clothes which Jaswant Singh and Jaswinder Singh were wearing got affected with acid and acid created holes in them. Matter was reported to the Police by Pritam Singh. On the basis of his statement, initially case was registered under Section 307/323/148/149 IPC. Pritam Singh died due to those injuries. Offence was then was changed into one under Section 302 IPC.

(3.) It has been submitted by the learned Counsel for the petitioner that petitioner should be allowed bail as he has been found innocent by SP, C-II, Ludhiana and he has been mentioned in column No. 2 of the challan and the prosecution has moved an appliction for his discharge. Injury attributed to Madan Lal on the dorsum of right hand appears to be finding mention in the post-mortem report.