SATINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) FIR No. 36/2021, dtd. 10/3/2021, under Ss. 302, 451, 452, 341, 323, 506 and 34 of Indian Penal Code has been registered at Police Station, Amb, District Una against the petitioner, his brother Raman Kumar and father Kewal Chand. The FIR was registered on 17/3/2021. Present petition is filed by the petitioner seeking his release on regular bail.

(2.) The prosecution case in nut shell is that one Balwinder son of Shri Dhani Ram got recorded his statement under Sec. 154 Cr.P.C. on 10/3/2021. He stated that he is an Electrician and was present in his home on 10/3/2021. At around 10:00 a.m. he heard noises, cries of his mother Smt. Lajwanti. After coming out from bathroom, he saw his uncle (Chacha) Kewal Chand arguing with his father Dhani Ram. Kewal Chand pushed and threw his father over the under construction foundation meant for their new home. Shri Kewal Chand started fighting with Dhani Ram. It was with great difficulty that the complainant and his mother Lajwanti saved Shri Dhani Ram from Kewal Chand's clutches. Complainant Balwinder Kumar thereafter carried his father Dhani Ram on his scooty for the purpose of reporting the matter at Police Station, Amb. Midway, Raman Kumar son of Kewal Chand, who was driving a motor cycle, stopped the motor cycle in front of the scooty driven by the complainant, caught hold of Dhani Ram and threw him on the ground. As a result of the fall, Dhani Ram suffered serious injuries on his head and various parts of his body. Complainant Balwinder Kumar further alleged that thereafter petitioner Satinder Kumar, son of Kewal Ram came to their home and threatened real brother of the complainant with dire consequences. As per the status report, initially the FIR was registered on the basis of above allegations under Ss. 451, 341, 323, 506 and 34 of Indian Penal Code, however, Shri Dhani Ram, who was admitted in PGI, Chandigarh died on 17/3/2021 which led to incorporation of Sec. 302 of Indian Penal Code in the FIR.

(3.) Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the FIR. He had no role whatsoever to play with the offences alleged in the FIR. Even as per the FIR and prosecution case, the only allegation levelled by the complainant against the petitioner is that after Raman Kumar had caused serious injuries on person of Shri Dhani Ram, the petitioner came to complainant's home and threatened latter's real brother. The petitioner is in custody w.e.f. 17/3/2021. The investigation in the matter concerning the petitioner is complete.