JAGTAR KAUR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS order shall dispose of two bail applications being Cr.M.P.(M) Nos.265 and 266 of 2006 filed by Jagtar Kaur and Kuldip Kaur for grant of bail. The present petitioners, along with Kesar Singh, Balvinder Singh, Amrik Singh and Kamaljit Singh, are accused in a case registered against them vide F.I.R. No.6 of 2006 dated 4.1.2006 at Police Station, Amb, District Una under Sections 147, 148, 149, 323, 324, 325, 341, 307, 302 IPC.

(2.) ACCORDING to the prosecution case, Kesar Singh used to live with his father Shrawan Singh and brothers. On 4.1.2006 Kesar Singh, his father, brother and sister-in-law were at home. At about 3.30 P.M. they all had tea. Thereafter, the deceased went towards village Bhera to get a hair cut. At about 4.30 P.M. ­ 4.45 P.M. the father of Shrawan Singh heard shouts from the direction of the house of Jagtar Kaur. People were shouting that Kesar Singh has been killed. The brother, sister-in-law and the father went towards the spot. Accused Jagtar Kaur, her brother Kesar Singh, her brother-in-law Balvinder Singh, her nephews Amrik Singh and Kamaljit Singh and Kuldip Kaur, wife of Kamaljit were beating up the deceased Kesar Singh. Jagtar Kaur was armed with a Thapi (wooden instrument used for washing clothes). Amrik Singh was armed with a sickle and the other accused were armed with Lathis. All the accused were beating up the deceased mercilessly. When the deceased's brother, sister- in-law and father reached the spot they were also beaten up. A number of people of the village collected at the spot.

(3.) THESE two bail applications have been filed by Jagtar Kaur and Kuldip Kaur. In the application filed by Jagtar Kaur, she states that she is innocent and has wrongly been implicated in the case. Further, she submits that she has three young children whom she has to look after. Jagtar Kaur was earlier married to one Dalmain Singh who died. After being widowed she married one Gurmail Singh, who also left her. Therefore, according to her, she is the only bread winner in the family. She further submits that she is living in the land and house of her late husband Dalmain Singh. Similarly, Kuldip Kaur states that she and her husband Kamaljit Singh are both innocent and since both are behind bars, there is none to look after her two minor children who are studying in Class-IV and Class-II respectively at Bhera.