RAJINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, seeking bail under Sec. 439 Code of Criminal Procedure (in short 'Cr.P.C.'), in FIR No.273 of 2014, dtd. 26/11/2014, registered in Police Station Baddi, Police District Baddi, District Solan, H.P., under Ss. 302, 452 and 506 read with Sec. 34 of the Indian Penal Code (in short 'IPC').

(2.) Status report stands filed and record was also made available.

(3.) As per status report, on 26/11/2024, an anonymous information was received in Police Station that Gurnam Singh (co-accused) and Rajinder Kumar @ Kala (petitioner-accused) in Village Malpur, have made murderous attack on some guest. Whereupon, police party rushed to Village Malpur, where complainant Kunwar Pal made statement under Sec. 154 Cr.P.C., stating therein that Shashi, who is brother-in-law (Devar) of his one daughter and had come to leave his another daughter Jai Lalita from Chandigarh to Village Malpur, was attending on the mobile phone in the courtyard at about 7.30 p.m. At that time, Gurnam Singh, neighbour started abusing and beating Shashi with kicks and fist blows. Shashi, to save him, ran to room of complainant and complainant and his son Nanak tried to save Shashi, whereupon, Gurnam Singh called Rajinder @ Kala (petitioner) who came on the spot with Danda and Gurnam Singh was having a big Dagger/Gupti and they entered the room of complainant. Rajinder @ Kala-petitioner started beating Shashi with Danda. Whereas, Gurnam Singh stabbed in the stomach of Shashi, whereupon, Shashi fell on the floor unconscious. The incident was witnessed by neighbour tenants Puran Singh, Dharam Pal and Narender etc. Further that, when complainant and his son Nanak tried to save Shashi, Gurnam Singh beat them with kicks and fist blows and slaps, and Gurnam Singh put his Dagger on neck of the complainant with threat to kill him also and, after causing injuries to Shashi and they ran from the spot. Shashi, in unconscious condition, was taken to Sidhhant Hospital, Baddi, on Scooter with the help of son of complainant Nanak and one Narender son of Sh.Bhim. Shashi was declared brought dead.