BALBIR SINGH @ RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This judgment shall dispose of both these petitions, which with the consent of the parties, were heard together.

(2.) Brief facts necessary for the adjudication of the present petitions are that an FIR was registered under Sections 452, 392, 307 read with Sec. 34 of the Indian Penal Code, dated 13.12015 at Police Station Indora, District Kangra, on the complaint of Ram Mohammad Isa Singh to the effect that the complainant was a practicing lawyer at Pathankot and his elder brother Raj Vikram and his parents used to remain at home. As per the complainant, on the previous day, he had gone to Chandigarh in connection with his cases and he reached home at around 10:30 p.m. His father Dilbag Rai was lying on his bed, whereas his mother Abhinash Rai prepared food, which was eaten by him as well as his brother Raj Vikram. At around 11:30 p.m., all family members went to sleep in their respective rooms. It was further mentioned in the FIR that at around 6:15 a.m. in the morning, their servant Yashpal, who used to come for milking cow, raised alarm that his parents (parents of the complainant) had been beaten by some one and they were drenched in blood. He opened the door of his parents' room and saw injuries on the face and head of his mother, who was lying unconscious on the bed, whereas his father was lying on a separate bed in the same room and there were blood stained injuries on the head and body of his father. Thereafter, he went to the room of his brother Raj Vikram and found him also lying in an injured condition with blood on his head and face. All articles lying in the Almirahs of both the rooms were thrown open and lockers of the Almirahs were also broken. Important documents as well as cash and jewellary, which were kept in the Almirahs were found stolen. It was further mentioned in the FIR that Raj Vikram slowly told the complainant that men of Baljinder Singh had injured them and that about 3-4 persons had entered their house and had hit them with deadly sharp edged weapons. It was further mentioned in the FIR that Baljinder Singh, son of Kartar Singh, who at the relevant was confined in Gurdaspur Jail in connection with a case lodged against him by the complainant, had threatened him and his family and that he suspected that Baljinder Singh Bajwa was behind the attack on his family members.

(3.) Records demonstrate that as a result of injuries which were suffered by him, Dilbag Rai passed away on 112.2015 itself. Smt. Abhinash Kaur also succumbed to her injuries on 212.2015.