GURNAM SINGH @ GANJA Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner has approached this Court, by filing this petition under Section 439 Cr.P.C., for grant of regular bail in FIR No. 273 of 2014, dated 26.11.2014 registered in Police Station, Baddi, District Solan, H.P. under Section 302, 201,506, 452 read with Section 34 IPC. Petitioner, after remaining in Police custody, is now in judicial custody after his arrest on 26.11.2014.

(2.) Status report stands filed, wherein it is stated that on 26.11.2014, complainant Kunwar Pal had made a statement to the Police, recorded under Section 154 Cr.P.C., stating therein that on 26.11.2014 deceased Shashi, brother-in-law (Dever) of his daughter had come to his house to leave his daughter Lalita in her maternal house after delivery on 19.11.2014 and on that day at about 7:30 P.M. when his son Nanak Ram and Shashi were about to take meal, Shashi had received a call on his mobile and for attending the said call, he had come in the courtyard of the house, whereupon petitioner Gurnam, resident of adjoining house, had started abusing and beating Shashi with anger, whereupon Shashi after fleeing from clutches of Gurnam, had come inside the room and complainant and his son Nanak had also tried to save Shashi, but Gurnam had also called Rajinder alias Kala and thereafter Rajinder carrying a stick (danda) in his hand and Gurnam having a big knife in his hand, had forcibly entered the room and Rajinder had beaten Shashi with stick and Gurnam had stabbed in stomach of Shashi, whereupon Shashi had fallen losing his consciousness. It was also revealed by complainant that when he and his son were trying to save Shashi, they were also beaten by Gurnam with kicks and slaps and Gurnam had put knife on his neck and had threatened to kill him also and thereafter both of them had fled from the spot. Thereafter, Shashi was taken to hospital by his son and one Narender on scooter, but he was declared brought dead by the Doctor.

(3.) It is also stated in the status report that during investigation Gurnam Singh had produced a knife, with brown red stains on it, claiming it the weapon of offence, but according to complainant Kunwar Pal, it was not the knife, used for commission of offence. However, the said knife was taken in possession and sent for chemical analysis to State FSL. On chemical examination, it was found in State FSL that this knife was stained with blood of fowl, i.e. some bird, whereupon petitioner was again interrogated and then he had disclosed that knife used for commission of offence was buried by him under the drain of washbasin, used for cleaning utensils.