Amarjit Singh vs State of Haryana

M.L. Singhal, J.

This is Criminal Misc. Petition No. 23697M of 1998 whereby Amarjit Singh and others have prayed for the grant of bail to them in case FIR No. 313 dated 1.6.1998 under Sections 302/307/148/149 of the Indian Penal Code read with Sections 27/54/59 of the Arms Act registered at P.S. Shahbad, District Kurukshetra.

Vide order dated 10.9.1998, Hon''ble S.C. Malte, J. rejected the prayer for bail of other accused except Santa Singh. Qua Santa Singh, his Lordship issued notice to AdvocateGeneral Haryana for consideration of bail to him. Now, therefore, focus would be to determine whether Santa Singh should or should not be allowed bail.

As the prosecution case goes, on 1.6.1998 at 7/7.30 a.m. Jagdish Singh, his brother Jhaujhar Singh, Manjit Singh and his father Banta Singh, his cousin Gurbaksh Singh took their tractor to the manure heap for loading manure. They were about to load manure into the trolley from the manure heap when Gurmit Singh s/o Santa Singh, Kuldip Singh s/o Santa Singh came to the spot and asserted that the manure belonged to them and as to why they were removing the manure the manure. They replied that they had purchased manure form Garibu Balmiki. On their saying so, Kuldip Singh and Gurdip Singh remarked how they were going to load trolley and thereafter left for their village. After some time, Gurmit Singh son of Santa Singh, Gurbachan Singh, son of Arjun Singh, Darshan Singh son of Rur Singh, Surjit son of Kundan Singh, Mangat Singh son of Kundan Singh, Kulwant Singh son of Ishar Singh armed with their respective guns and Amarjit son of Gurbachan Singh, armed with a Barchha, Kulwant Singh son of Harbhajan Singh armed with a Kulhari, Virsa Singh son of Makhan Singh armed with a Gandasi, Kuldip Singh son of Balbir Singh armed with a Sua and Kuldip Singh son of Santa Singh armed with a Gandasi arrived at the spot and asked them to stop removing manure. Thereupon they replied that they had purchased the manue and as such, they would remove it. Immediately thereupon, the accused persons swung into action. Gurmit Singh fired a shot with his gun at Banta Singh. Banta Singh fell on the ground on receipt of pellet injuries. Gurbachan Singh fired a shot with his gun at Manjit Singh who also fell on the ground on receipt of pellet injuries. Surjit Singh fired a shot at Jhujhar Singh while Darshan Singh fired a shot with his gun at Gurbaksh Singh. Kulwant Singh fired a shot with his gun towards Jagdish Singh, the pellets whereof hit the backside of his right hand and thumb. Smt. Vidya Kaur wife of Banta Singh came to the spot on hearing alarm. She asked Gurmit Singh as to why they were causing injuries to them (Jagdish Singh etc.). Thereupon Manjit singh alias Mangi fired a shot with his gun at Vidya Kaur which hit her below the right hand and below the right ear. Manjit Singh again fired shot with his gun at Banta Singh who was lying fallen on the ground which hit him on his left armpit. On hearing noise, Kala Singh son of Desa Singh, Raj Singh son of Desa Singh, Kashmir Singh son of Banta Singh, residents of the village reached the spot. Gurmit Singh etc. fled away with their respective weapons. Banta Singh, Vidya Kaur and others injured were removed in injured condition to Civil Hospital, Shahbad. The doctor declared Banta Singh dead as he looked at him (Banta Singh). He referred Manjit Singh to PGI Chandigarh for treatment.

So far as Santa Singh, petitioner, is concerned, learned counsel submitted that he does not figure in the First Information Report at all, which was authored by the son of the deceased Banta Singh. He submitted that if Santa Singh had been present at the spot, Jagdish Singh would not have forgotten to mention his name. According to the prosecution, occurrence took place at 7/7.30 a.m. FIR came into being at about 1.00 p.m. He submitted that there is a distance of 7 kilometres form the place of occurrence to PS Shahbad. He submitted that if Santa Singh had been present at the spot, Jagdish Singh would not have omitted his name, particularly when FIR came into existence after about 5 hours. He submitted that Santa Singh was introduced at about 8.00 p.m. in a supplementary statement by Jagdish Singh. Even in his supplementary statement, Santa Singh is shown to have been unarmed and attributed only Lalkara inciting his coaccused that Gurmit Singh etc. be taught a lesson for removing the manure and bullets be sprayed into them and it was on that incitement, Gurmit Singh etc. swung into action. Learned counsel for the petitioner submitted that Santa Singh was introduced after about 12 hours of the occurrence and that too not in the original statement made by Jagdish Singh at 1/1.30 p.m. but in a supplementary statement at about 8.00 P.M. and that too without attributing any injury to him.

Without commenting on the merits of the aforesaid submissions, I deem it proper to allow bail to Santa Singh. So, bail to Banta Singh to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Kurukshetra.

JUDGMENTed accordingly.