Kalyan Singh vs State of H.P.

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 154/11 dated 5.11.2011, registered at Police Station, Jogindernagar, under sections 341, 323,302, 34 IPC. It has been stated that above case has been registered against the petitioner and others at Police Station, Jogindernagar on 5.11.2011. The petitioner is innocent, he has been falsely implicated in the case. The other party, namely Varinder Singh, Kulbhushan and Bhopal armed with dandas and sharp edged weapons came to the house of the petitioner and abused the petitioner and his family members and gave beatings to the petitioner, his brothers and mother Smt. Meera Devi. Onkar Singh and Anil Kumar died on the spot due to attack of Varinder Singh and others. Smt. Meera Devi was hospitalized, but she also died within twenty days of the incident. The petitioner suffered grievous injuries at the hands of Varinder Singh and others. The petitioner was admitted in the hospital and was operated upon. He was discharged from the hospital but was again admitted in the hospital for intestinal obstruction.

The police from Jogindernagar Police Station visited several times the hospital. The petitioner has reasonable apprehension that he will be arrested in FIR No. 154/11. It has been stated that FIR No. 154/11 is a counterblast to FIR No. 153 dated 5.11.2011 which was lodged against Varinder and others by the sister-in-law of the petitioner. There are material contradictions in the statements of Varinder, Surinder, Kulbhushan u/s 164 Cr.P.C. The post mortem report indicates injury on the head of Bhopal with blunt weapon. It has been stated that no recovery is to be made at the instance of the petitioner. The earlier bail application of petitioner has been dismissed by learned Sessions Judge, Mandi on 23.1.2012. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that on 5.11.2011 at about 12.05 night Pradeep Kumar informed the Police Post, Lad Bharol on telephone that a fight was going on in the families of Sant Ram and Rangila Kumar in village Kutla. The police came into action, it was found that injured were taken to PHC Lad Bharol. Smt. Meera Devi, Vinu Devi, Smt. Shrestha Devi, Kalyan Singh, Sunil Kumar injured were being given treatment. Onkar Singh and Anil Kumar were declared dead. Meera Devi, Kalyan Singh and Sunil Kumar were referred to Rajinder Prasad Govt. Medical College, Tanda. Rajesh Kumar Head Constable informed that murder had taken place in village Kutla, therefore, some more police force be sent to PHC, Lad BHarol. The statement of Smt. Shreshta Devi was recorded u/s 154 Cr.P.C. and FIR No. 153/2011 was registered under Sections 452, 147, 148, 149, 302, 506 IPC.

It was found that injured Varinder Singh, Bhopal Singh, Surinder Singh went to Sub Devisional Hospital, Baijnath for treatment. The doctor referred injured Bhopal Singh and Varinder Singh to Rajinder Prasad Govt. Medical College, Tanda for treatment and, therefore, ASI Satpal, Incharge Police Post Ghatta was sent to Rajinder Prasad Govt. Medical College, Tanda. Bhopal Singh was referred to PGI, Chandigarh. The statement of Varinder Singh was recorded u/s 154 Cr.P.C. and thereupon the case was registered. Varinder Singh in his statement u/s 154 Cr.P.C. has stated that marriage of his brother Kulbhushan was fixed on 2/3.11.2011, their relations guests had come in the marriage. The distance between their old and new houses is 500 meters. On 4.11.2011 after meals at about 11.00 p.m., his brother Surinder Singh in the vehicle of Phulgar went to his home, who after five minutes on telephone informed Bhopal that their cousins Kalyan Singh, Baldev Singh and Sansar Chand were not allowing the vehicle to pass. On this, the complainant and his brother Bhopal reached there.

Kalyan Singh gave an axe blow to Bhopal Singh on the head and Bhopal Singh fell down. Onkar Singh attacked the complainant with an axe which hit him on the left side of his face and blood started oozing out. They had scuffle. Meera Devi aunt of complaint intervened, she was pushed in the dark and fell down. Thereafter on hearing cries, many persons came there. The complainant and his brothers Bhopal, Surinder went to Baijnath hospital in the vehicle of Phulgar. The Baijnath hospital after giving first aid referred them to Tanda hospital from where Bhopal Singh was referred to PGI, Chandigarh, Surinder accompanied him. Both the families are not on visiting terms for the last 22-23 years. The other side for this reason attacked them. On this, the case was registered. It has been stated that on 5.11.2011 Bhopal Singh died at PGI, Chandigarh. On the dead-body of Bhopal Singh post mortem was got conducted. The doctor has opined that death took place as a result of craniocerebral damage consequent upon blunt injury to the head vide injury No. 1which is sufficient in the ordinary course of nature to cause death. All the injuries were ante mortem and were caused by blunt object. On this section 302 IPC has been added.

The statements of Varinder Singh, Kulbhushan, Surinder Singh were recorded u/s 164 Cr.P.C. in FIR No. 154 of 2011. Varinder Singh has stated that Kalyan with some sharp edged weapon gave blow on the head of Bhopal, who fell down. Kalyan from behind gave an axe blow on the face of Varinder. Kulbhushan has stated that Kalyan gave an axe blow on the head of Bhopal. Surinder Singh has stated that Sunil Kumar gave an axe blow on the head of Bhopal as a result of which he died. Kalyan Singh hit Varinder with an axe on his face.

It has been stated in the status report that complainant Varinder with danda in his hand proceeded towards the house of Kalyan, then Kalyan holding his intestine with hands went in the house of his neighbour Baldev Singh. It has also been stated in the status report that Varinder Singh, Surinder Singh and Kulbhushan have given contradictory statements u/s 164 Cr.P.C. Surinder Singh said that Sunil Kumar gave blow on the head of Bhopal with an axe, Varinder said that Kalyan Singh gave blow with some sharp edged weapon on the head of Bhopal Singh. It has been stated that Kalyan Singh could not be arrested in the case as he has suffered serious injuries. It has been stated that Kalyan Singh has joined the investigation, weapon of offence axe has been recovered. Kalyan Singh has been thoroughly interrogated on all aspects of the case. No recovery or further interrogation of Kalyan Singh is required. In the status report, nothing has been stated regarding the custodial interrogation of Kalyan Singh petitioner. It has been stated by the learned Addl. Advocate General that Sunil Kumar other accused in FIR No. 154 of 2011 has not yet been arrested. The learned Additional Advocate General has opposed the bail application and prayed for dismissal of the petition.

Heard and perused the record. FIR No. 153 of 2011 has been registered on the statement of Smt. Shreshta Devi u/s 154 Cr.P.C., FIR No. 154 of 2011 has been registered on the statement of Varinder Singh. The prosecution case is that three persons of one side in FIR No. 153 of 2011 and one person of other side in FIR No. 154 of 2011 have died as a result of fight, which took place on 5.11.2011. The Learned Counsel for the petitioner has submitted that Varinder Singh, Kulbhushan and Surinder Singh have given contradictory versions in their statements regarding the involvement of Kalyan Singh. He has submitted that in the status report itself it has been stated that according to the post mortem report of deceased Bhopal Singh all the injuries were ante mortem and were caused by blunt object. He has submitted that prosecution case is that Bhopal Singh was attacked by sharp edged weapon like an axe. It has also come in investigation that petitioner himself was seriously injured as he was found running from the place by holding his intestine in his hands.

The alleged weapon of offence has been recovered. The petitioner has been thoroughly interrogated. It has been stated that no recovery or further interrogation of the petitioner is required by the investigating agency. In the status report, no request has been made for custodial interrogation of the petitioner. The occurrence took place on 5.11.2011. The petitioner was not arrested, on 7.2.2012 interim bail was granted to him by this Court. In the status report no apprehension has been shown by the investigating agency that in case petitioner is granted bail, he will not be available for trial or he will abscond. In these circumstances, the petitioner has made out a case for grant of bail in his favour u/s 438 Cr.P.C.

In view of above, the petition is allowed and it is directed that in the event of arrest of the petitioner in FIR No. 154/11 dated 5.11.2011, registered at Police Station, Jogindernagar, under sections 341, 323,302, 34 IPC, he be released on bail on his furnishing personal bond in the sum of `50,000/- with one surety of the like amount to the satisfaction of Arresting Officer with the conditions that petitioner shall continue to join the investigation as and when called by the investigating officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The petitioner shall also not overawe and terrorise the prosecution witnesses in any manner. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of.