KAMALJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Kamaljeet Singh, who is behind the bars since 11.4.2018, has approached this Court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in FIR No. 39, dated 10.4.2018 under S. 302 IPC and S. 25 of Arms Act, registered at PS Lambagaon, Kangra, HP.

(2.) Sequel to order dated 18.11.2019, ASI Jagdish Chand has come present with the record. Mr. Kunal Thakur, learned Deputy Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Record/status report made available to this Court, reveals that on 10.4.2018, police after having received information that a person has suffered gunshot injuries, recorded statement of Manorma (wife of the bail petitioner and mother of the deceased), under S.154 CrPC, on the basis of which a formal FIR, as detailed herein above, came to be lodged against the present bail petitioner. Complainant, as noted herein above, alleged that her husband i.e. bail petitioner has retired from Delhi Police on 30.11.2015. She further stated that she has one son and one daughter. Name of her son is Lucky Rana, who is 33 years old. Though marriage of above named son was solemnised with Rajni in the year 2011, but since 2014, Rajni is living at her parental house on account of certain differences between her and her husband. She further alleged that on 9.4.2018, when she and her husband were preparing to have dinner, her son Lucky Rana came at 9.30 and demanded some money from her husband. She alleged that a scuffle took place inter se her husband and her son. She alleged that her husband told her son, who was standing in the courtyard, that today he would finish the daily quarrels by doing away with his (Lucky Rana) life. Complainant alleged further that thereafter, her husband went inside the room and brought out his licensed gun and fired two shots with the intention to kill their son, Lucky Rana. Complainant further alleged that her son suffered injuries on his arm and forehead on account of gunshots fired by her husband and fell on the ground. It is further alleged by the complainant that her husband (bail petitioner) called ambulance on phone. In the aforesaid background, complainant named herein above, prayed that appropriate action be taken against her husband/bail petitioner. On the basis of aforesaid statement, a case under S.302 IPC and S. 25 of Arms Act came to be registered against the bail petitioner and since 11.4.2018, he is behind the bars.