KULWANT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE above petitions arise from FIR No. 236 of 2009, dated 23.8.2009, registered under Section 302, 307, 120B and 506 Indian Penal Code.

(2.) BAIL applications moved by the Petitioners herein were dismissed by the learned Court of Sessions as such they approached this Court under Section 439 of the Code of Criminal Procedure.

(3.) INITIALLY police registered a case under Sections 279, 337 Indian Penal Code, however, on 4.9.2009 when Sohan Singh was able to speak. He narrated the entire incident to the Police and got recorded his statement under Section 161 of the Code of Criminal Procedure wherein he specifically alleged that on 22.8.2009, Petitioners were following them in their Indica car, met them at Mullapur (Punjab) and also tried to hit their motor cycle with their Indica Car which ensued in some quarrel and Petitioners threatened them to kill. They left their Motor cycle with a Motor Mechanic as its sprocket required repair but Sarbjeet told them that Petitioner again assault them again therefore, advised them to take his Hero Honda motor cycle to Chintpurni and Brajeshwari Temple where they had planed to go. He also stated that they Motor Cycle of Sarbjeet and Sarbjeet Singh was in constant touch on their mobile and was repeatedly asking about their whereabouts. On 23.8.2009, as per the case of the prosecution, Petitioners were chasing the injured complainant and his deceased friend, in their Innova Car in the area of Himachal Pradesh. On the way around 7 p.m. when the complainant and the deceased were returning from Brajeshwari Temple, they saw Innova Car coming from Ranital side and on seeing them, Petitioner's vehicle hit their Innova Car with their Motor Cycle, as a result of which they fell down and Petitioners came out with sticks and gave severe beatings to them. Thereafter both injured fell unconscious and the accused Petitioner fled away in their vehicle. In the mean time, a truck happened to cross from the site of occurrence. The truck driver saw besides a motor cycle two persons were lying unconscious with injury on their person. He informed Police Post Ranital. The Incharge of the Police Post contacted Head Constable Manoj Kumar of the Traffic Wing. He went to the spot and took injured to R.P.G.M.C. Tanda, as stated above.