Phuman Singh vs State of Punjab

Gurdev Singh, J.—Heard.

Petitioner, Phuman Singh, has filed this petition u/s 439(1) of the Code of Criminal Procedure for grant of regular bail in FIR No. 26 dated 7.6.2009 registered under Sections 324 and 302 read with Section 34 of the Indian Penal Code in Police Station Sarai Amanat Khan District Amritsar.

He has contended therein that it is a case of version and cross version. In this very occurrence, he himself and his co-accused, Major Singh sustained injuries and it is still to be decided as to which party was aggressive. The injury attributed to him was found on the non-vital part of the body of the deceased and that the deceased died due to head injury which has been attributed to his co-accused-Major Singh. He is coming in custody since 6.7.2009 and completion of the trial will take long time.

This FIR was registered on the basis of the statement of Bikramjit Singh. He came out with the version that there was a dispute regarding the boundary of the agricultural land between his uncle Mukhtiar Sigh and the accused party. On 4.6.2009, at about 7-00 a.m. They had gone to the place of dispute where the accused were also present. At that time, the present petitioner was armed with weli, Major Singh was armed with spade, whereas Joginder Singh and Rachhpal Singh were empty handed. The accused started giving abuses to them and while at the distance of 20 karams, Joginder Singh exhorted his co-accused to teach a lesson to them. Thereafter, Major Singh gave a blow with spade, which hit the head of Mukhtiar Singh, as a result of which he fell down. While lying on the ground, he was dragged by Rachhpal Singh by his hair and the present petitioner gave a blow with his weli a little above his right knee. After causing the injuries, the accused escaped from the spot with their weapons and the injured was taken to the local hospital from where he was referred to Civil Hospital, Tarn Taran and thereafter, he was removed to Dhillon City Scan, Lawrance Road, Amritsar for MRI. Ultimately, the injured succumbed to his injuries.

This petition has been pressed on the ground that the injury so caused by the petitioner, never contributed towards the death of the deceased. Only injury on the skull was found to be fatal, which was not attributed to him, and that he is coming in custody from the last one years and the conclusion of the trial will take some time.

The common intention of the accused can well be inferred from the contents of the FIR itself. He had caused injury to the deceased after he was dragged by the co-accused. Even if the injury so attributed to him was not found to be fatal even then he is vicariously liable for the death of the deceased.

Keeping in view the heinous nature of the crime and the circumstances in which the same was committed, I do not find any ground to release the petitioner on bail.

Petition is dismissed accordingly.