Jasbir Singh vs State of Punjab

M.L. Singhal, J.

Through this criminal misc. Jasbir Singh alias Jassi, Rupinder Singh alias Happy, Jagdish Lal s/o Hukam Chand, Sunder Lal s/o Nirmal Dass and Ajay Kumar alias Happy, s/o Dharam Pal, all residents of Ambala City, have prayed for the grant of bail to them in case FIR No. 102 dated 9.6.1997 registered under Sections 302/324/148/149, Indian Penal Code, at Police Station Sadar, Rajpura (Distt. Patiala).

The prosecution case in brief is that on 9.6.1997, Harjit Singh and Gurmel Singh, s/o Balwinder Singh, r/o Guru Nanak Colony, Rajpura, were coming to Rajpura from village Gurna Kheri in an Ambassador car No. CH01B.1741. It was being driven by Gurmel Singh. Harjit Singh was sitting on the front seat on the right side of Gurmel Singh. At about 9.00 PM, when they reached the bridge of sewerage drain in the area of village Jansua and crossed it, from the side of village Banur, Tata Sumo No. HR01E2248 of white colour came there. It was being driven by Hardip Singh alias Ladda s/o Amrik Singh of Ambala. This Sumo car struck on the side of the said Ambassador car. Simultaneously, Maruti Car No. HR01E0107 of white colour being driven by Manav also arrived and stopped there. Hardip Singh @ Ladda armed with Kirach, Inderjit Singh alias Laddu, s/o Harchand Singh, r/o Sabzi Mandi, Ambala City, armed with soti, Mohd. Ayub s/o Mohd. Yusuf, r/o Tandora wala Mohalla, Ambala City, armed with gandasi and Ajay Kumar s/o Megh Raj, r/o Khatarwala. Ambala City, armed with datar, alighted from Sumo car. They were accompanied by three/four more boys whom Harjit Singh had not known. Harvinder Singh s/o Tarlochan Singh, r/o Mohalla Nahan, Ambala City, armed with Kirpan; Rajinder Singh alias Bittu s/o Dharampal, r/o Ambala, armed with dang and two or three more persons alighted from Maruti car. Gurmail Singh opened the door of the car and started running towards its back side but was followed by Hardip Singh alias Ladda along with persons who had alighted from the Sumo car. Hardip Singh alias Ladda gave 7/8 blows with Kirach to Gurmel Singh who fell and the remaining persons also gave injuries with the weapons they were holding. Harvinder Singh, Manav, Rajinder Singh and two/three more persons ran towards Harjit Singh. Harvinder Singh alias B.O. gave a kirpan blow on the left flank of Harjit Singh and he fell. While he was lying on the ground, Rajinder Singh gave a Kirpan blow on his right shoulder and Manav gave blow towards head of Harjit Singh. Harjit Singh raised alarm not to kill. On seeing this occurrence, a vehicle coming from the side of Banur stopped there. All the assailants ran away along with their weapons boarding the said Tata Sumo and Maruti car. Cause of the occurrence is that Hardip Singh alias Ladda had spread a rumour a few days earlier that daughter of Gurmel Singh had eloped and Gurmel Singh had filed case in the Court for defamation. Hardip Singh alias Ladda and his coaccused caused injuries to Gurmel Singh and Harjit Singh. Gurmel Singh died. Matter was reported to the police by Harjit Singh on the basis of which the aforesaid case was registered at P.S. Rajpura.

Learned Counsel for the petitioners has submitted that on the dead body of Gurmel Singh, the doctor who performed post mortem examination found 14 injuries out of which 13 injuries were incised wounds and one injury was a lacerated wound 7.5 cms. x 0.5 cm x bone deep obliquely placed on left parietal region starting from 6 cms. above and 8 cms. behind the tragus of left ear, extending upward and backward underlying soft tissues and muscles lacerated. Underlying bone was intact. Harjit Singh was medically examined and four injuries were found on this person. All the injuries were the result of blunt weapon.

It was submitted that statement of one Mohan Singh of Ambala was recorded allegedly on 9.6.97 under Section 161, Cr.P.C. It was contended that the presence of Mohan Singh is not mentioned in the first information report. Mohan Singh is not shown to have brought the dead body to the hospital. He is not stated to have accompanied Harjit Singh for lodging the report. It was submitted that he is also not shown present near the dead body. His statement does not find place in the inquest report. Version given by him does not find mention in the inquest report. It was submitted that Mohan Singh was introduced afterwards. According to Mohan Singh, he is Sarpanch of Village Bhano Kheri on 9.6.97. He along with Jagdev Singh, Sarpanch of village Rani Majra, P.S. Lalru, was coming from Chandigarh in Maruti car No. HR01C8311 and was going to Ambala via Rajpura. He was driving the car. Jagdev Singh was sitting on the back seat. At about 9.00 p.m. when they crossed the sewerage bridge in the area of village Jansua, he saw Ambassador car No. CH01B1741 belonging to his friend Gurmel Singh parked towards Rajpura side. He also saw white Sumo No. HR01E2248 parked in front of the above car. A Maruti car was parked behind Ambassador car. Maruti car was bearing No. HR01E0108. He stopped his car and alighted and saw on one side of the bridge on the road lying Gurmel Singh. Hardip Singh alias Ladda s/o Amrik Singh armed with Kirach, Mukesh alias Kesu armed with a knife, Mohd. Ayub armed with gandasi, Ajay Kumar s/o Megh Raj armed with datar, Inderjit alias Laddu s/o Harchand Singh armed with soti, Jasbir Singh alias Jassi armed with a hockey, Rupinder Singh alias Happy empty handed, Rakesh alias Pinta armed with chhura, Mohinder Singh alias Bhola armed with danda, Jagdish Mistri s/o Hukam Chand armed with sota, Navin s/o Roshan Lal armed with soti, were causing injuries to Gurmel Singh. In the ditches nearby he heard a noise, "Don''t kill, don''t kill". He then went towards the ditches and saw Harjit Singh lying on the ground raising an alarm. Harvinder Singh armed with Kirpan, Manav Uppal S/o S.K. Uppal armed with Kirpan, Ajay Kumar s/o Dharampal armed with soti, Rajinder Singh alias Bittu s/o Parampal Singh armed with soti and wearing Kirpan, and Sunder Pal s/o Nirmal Ram, resident of Ambala was siting in the Maruti car and its door was opened. Others were causing injuries to Harjit Singh. Mukesh alias Kesu gave knife blow to Harjit Singh. Ayub gave a gandasi blow on the left side of the head of Harjit Singh. Ajay Kumar gave two blows with datar on right arm. Rakesh Kumar alias Pinta gave a chhura blow on the left thigh outer side. Remaining persons were standing with their weapons around Gurmel Singh and giving blows with legs, etc. Mohan Singh had known all the assailants as he is a resident of Ambala and they are also residents of Ambala.

Learned counsel for the petitioners submitted that as per Mohan Singh he was going to Ambala from Chandigarh. As to why he was going to Ambala via Rajpura from Chandigarh is not understood when ChandigarhAmbala is a shorter distance and situated on the G.T. Road, Ludhiana to Delhi from Chandigarh while Rajpura is situated on the road leading from Chandigarh to Patiala. Further Mohan Singh is a close friend of Gurmel Singh deceased. His arrival at the spot is per chance. It was submitted that Harjit Singh had not named the present petitioners. It was submitted that Harjit Singh had not named the petitioners in the FIR. Besides, these petitioners were allegedly armed with dang, hockey or were empty handed. No injury on the person of the deceased or that of Harjit Singh was found to be of a blunt weapon except one injury and this injury was specifically attributed to Inderjit Singh who was allegedly armed with soti and Inderjit Singh is not the petitioner here.

In the statement of Mohan Singh, Jasbir Singh alias Jassi is said to be armed with a hockey. Rupinder Singh alias Happy is said to be empty handed. Jagdish is said to be armed with sota. They are said to have been causing injuries to Gurmel Singh in conjunction with Hardip Singh alias Laddi who was armed with kirach, Mukesh alias Kesu who was armed with knife, Mohd. Ayub who was armed with gandasi, Ajay Kumar s/o Megh Raj who was armed with datar, Inderjit Singh alias Laddu who was armed with soti and Navin s/o Roshan Lal who was armed with soti and Rakesh alias P Inta who was armed with chhura and Mohinder Singh alias Bhola who was armed with danda. Rupinder alias Happy is shown to have been empty handed. It is, thus, debatable whether he was present at the spot. Jagdish s/o Hukam Chand was armed with sota. Only one lacerated wound was found on the dead body of Gurmel Singh, all others being incised wounds. This lacerated wound is attributable to either Jasbir Singh alias Jassi or Inderjit Singh alias Laddu or Jagdish s/o Hukam Chand or Navin Sharma s/o Roshan Lal. So, at this stage, it cannot be said that Jasbir Singh alias Jassi, or Jagdish Lal s/o Hukam Chand were not present at the spot. So far as Ajai Kumar s/o Dharampal is concerned, he is said to have been armed with soti. He is not said to have touched Gurmel Singh. Sunder Lal s/o Nirmal was said to be sitting in the Maruti car nearby with a window opened. Qua the murder of Gurmal Singh. S. 149, IPC, against Sunder Lal and Ajay Kumar is debatable. So, Sunder Lal and Ajai Kumar also deserve the concession of bail. In the result, Rupinder Singh alias Happy, Sunder Lal s/o Nirmal Ram, Ajay Kumar alias Happy s/o Dharampal are allowed bail subject to the satisfaction of the trial Court. No bail to Jasbir Singh alias Jassi and Jagdish Kumar s/o Hukam Chand.