Major Singh vs Gurdev Singh and ors.

G.S. Chahal, J.

Major Singh petitioner seeks the cancellation of the bail granted to Gurdev Singh and Chhota Singh, respondents who are standing trial in the Court of the learned Addl. Sessions Judge, Barnala in case, FIR No. 116 dated 291190, registered at P.S. Barnala, under section 302/34 IPC.

According to the version given in the FIR, dispute had arisen between the accused and the deceased and others, in the fields with respect to the cutting of the boundary line (Wat), Chhota Singh was attributed an injury with Gandasa, hitting on the shoulder of the deceased, while Gurdev Singh was attributed 2 blows with Soti.

In the medical evidence, injury No. 3 was described as follows

"Contusion is cm x 21/2 cm reddish in colour present on the lateral and back on right side 8 cm below on the inferior angle of the scapula. Crepitus fell on the right side of the chest below the cervicle, Xray was advised."

In the postmortem examination, on exploration 8th and 9th ribs of Jora Singh (deceased) were found to have been fractured. In the opinion of the doctor, injury No. 3 individually resulted in the fracture of 8th and 9th ribs. In fact, this fact was got clarified by the defence counsel in the crossexamination. Nothing more was not clarified from him. The learned Addl. Sessions Judge has given the concession of bail to Chhota Singh after discussing the medical evidence and considering that at that stage it could not be accepted that Chhota Singh was the author of injury No. 3.

After hearing learned counsel for the parties I am of the view that no grounds were made out for bail to Chhota Singh. He was attributed injury No. 3 to the deceased which resulted in the fracture of the ribs. The fact that Jora Singh (deceased) was 80 years old has obviously no relevance. It was not a proper exercise of jurisdiction by the learned Addl Sessions Judge with respect to Chhota Singh. I accept the criminal miscellaneous and order of cancellation of the bail with respect to Chhota Singh. He should surrender to the trial Court.

So for as the case of Gurdev Singh is concerned, no ground is made out for cancellation of bail qua him. The prayer to that exent is declined.

JUDGMENT accordingly.