LAKHWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioners namely Baljinder Singh Bajwa and Lakhwinder Singh, who are real brothers, have approached this court in the instant proceedings filed under Section 439 Code of Criminal Procedure, for grant of regular bail in Case FIR No. 251/15, dated 13.12.2015, registered at Police Station Indora, under Sections 452, 392, 307, 302 and 120-B Indian Penal Code. Respondent-State besides filing fresh status report has also made available complete record of investigation. ASI Sunil Kumar, I.O., P.S. Indora, District Kangra, H.P., has come present with records. Record perused and returned.

(2.) Close scrutiny of status reports, placed on record from time to time as well as record of investigation made available to this Court reveals that complainant namely Ram Mohamad Issa Singh, got his statement recorded under Section 154 CrPC, stating therein that on 12.12.2015, he had gone to Chandigarh in connection with court cases and returned back home at 10.30 pm. He disclosed to the police that after his return from Chandigarh, he had dinner with his brother Raj Vikram Rai and thereafter, they all went to sleep to their respective rooms at 11:30 pm. Above named complainant alleged that at 6.15am, person namely Jaspal alias Jas, who visits their house daily for milking the cow called out to him that somebody has beaten aunty and uncle and they are lying in a pool of blood. Complainant in his statement disclosed to the police that he opened the door of room of his parents and found that his parents had suffered injuries on their face and head and both were lying on their bed. Complainant further alleged that he also found his brother Raj Vikram lying in pool of blood in his room, and he had suffered injuries on his face and head. Complainant alleged that in both the rooms, locks of almirahs/locker were broken and cash and jewelry lying therein were missing. Complainant specifically disclosed to the police that his brother Raj Vikram whispered to him that he has been attacked by Baljinder's men and 3-4 persons had entered the house and attacked him with sharp edged weapon. Complainant alleged that approximately, cash to the tune of Rs. 3.5 to 4 lakh and jewelry belonging to his mother and sister in law, who at that time had gone to her maternal house, alongwith 32 bore revolver and one gun (wisko) have been stolen. Complainant alleged that this incident happened between 12.00am to 5.00 am in the intervening night of 12/13.12.2015. Complainant disclosed to the police that Baljider Singh Bajwa, who is behind bars, is in litigation with his family on account of land dispute and he had extended threats to eliminate the entire family and as such, he has suspicion that his parents and brother have been attacked by Baljinder Singh Bajwa i.e. one of the petitioners. In the aforesaid background, FIR detailed herein above, came to be lodged against the bail petitioner namely Baljinder Singh. During investigation police found involvement of persons namely Surjeet Singh, Balbir Singh Bajwa and as such, subsequently, they also came to be named in the FIR and were arrested.

(3.) Victims/Injured namely Dilbagh Rai, Smt. Avinash Rai and Raj Vikram Rai were taken to private hospital i.e. Amandeep Hospital Pathankot in the morning of 13.12.2015. Dilbagh Rai expired at the aforesaid hospital at Pathankot, whereas Smt. Avinash Rai was referred to Amandeep Hospital, Amritsar, but she also expired on 22.12.2015 on account of serious injuries suffered by her. Raj Vikram Rai, who was admitted in hospital at Pathankot was discharged on 22.12.2015. Though, Raj Vikram Rai, was discharged from hospital on 22.12.2015, but his statement under Sections 161 and 164 CrPC were recorded on 8th and 15th February, 2016 respectively, wherein he disclosed to the police that he and his parents were attacked and given beatings on the alleged date of incident by person namely Lakhwinder Singh, Balbir, Surjeet, Surender Singh and other 4-5 persons. On the basis of aforesaid statement made by Raj Vikram Rai, bail petitioner Lakhwinder Singh came to be named in the FIR and he was arrested on 17.2.2016 and since then he is behind bars.