Rajpal and Others vs State of Punjab

Sabina, J.—This petition has been filed u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 77 dated 25.9.2010 under Sections 307, 326, 325, 324, 323, 506, 427, 148, 149 of the Indian Penal Code (IPC for short) and Sections 25 and 27 of the Arms Act, 1959 registered at Police Station Khanauri, District Sangrur (Section 307 IPC deleted and Section 336 IPC added lateron).

The contents of the FIR, as reproduced in para 1 of the petition, read as under:

I am resident of the above noted address. I am plying my truck No. 55E-0410 in truck Union, Khanauri. For the last some days, a dispute is going on with regard to the Presidentship of the truck union and about 15 days back, a committee of the truck union was constituted unanimously and Baljit Singh son of Gopi Ram, resident of Gulhari was elected President, Karam Singh, resident of Khanauri was elected as Chairman, Jora Singh, resident of Khanauri was elected as Coordinator and some members were also elected to the Committee. However, Baljit Singh, President was not happy with this. Yesterday dated 24/9/2010 at the Rest House, Khaauri, Jora Singh, Coordinator and members of the Committee had some quarrel with Baljit Singh, President for employing a Munshi and this was told by Jora Singh at the truck union, Khanauri. Yesterday on 24/9/2010 at about 12.00 noon, I alongwith Gurnam Singh son of Malook Singh, resident of Arney, Jarnail Singh son of Tarlok Singh, resident of Satauli, Man Singh son of Bakshish Singh, resident of Arney, Gurdip Singh son of Hardeep Singh, resident of Tejpur, District Patiala and some other operators of the truck union, Khanauri, was present in the Truck Union then Baljit Singh, President son of Gopi Ram armed with a Revolver, Rajesh son of Gopi Ram, armed with a Kirpan, Lila Ram son of Surajman, Rajpal, Sarpanch son of Sarup Chand, Krishan Lal son of Dhija Ram, Rishi Pal son of Surjit Singh, residents of Gulhari, armed with dangs, Ramesh Kumar son of Ram Kishan, resident of Banarsi, Parveen son of Nakli Ram, resident of Phabi, armed with dandas, accompanied by 70-80 person mostly from village Gulhari, whose names I do not know, but I can identify them if brought before me, came to the truck union, Khanauri. Baljit Singh, President raised a lalkara that for opposing my Presidentship they are to teach a lesson and fired a shot from the revolver in order to kill towards us. It did not hit us and Rajesh gave a straight kirpan blow towards me and in order to save, I raised my right hand and it hit the same. Rajpal, Sarpanch gave a dang blow on my shoulder and back, Rishipal gave a soti blow on my head and on my left arm. During this period, Baljit Singh, President fired some more shots. Lila Ram, Ramesh Kumar, Parveen and Krishan Pal with dangs and with brick bats caused injuries to Gurnam Singh son of Malook Singh and Jarnail Singh son of Tarlok Singh and their companions, who were 70 or 80 caused injuries with their respective weapons, which they were holding and also with brick bats and caused damage to the union. Hearing the alarm, police came to the spot and seeing the police party arriving there, they ran away from the spot alongwith their respective weapons. However, while leaving they gave threats to kill stating that today they have been saved and whenever they will get opportunity, they would kill us. Then truck operator Nanak Chand son of Jai Ram Dass, of our village arranged a vehicle and myself, Gurnam Singh and Jarnail Singh were admitted in Government Hospital, Mulakh, where the Doctor gave us first aid and referred us to Civil Hospital, Sangrur and we were got admitted in Civil Hospital, Sangrur, where we are under treatment. That the cause of grudge is that our group opposes the Presidentship of Baljit Singh and on that account Baljit Singh and his companions have caused injuries to us. I have got my statement record. I have heard it, it is correct.

Learned Counsel for the Petitioners has submitted that the Petitioners have been falsely involved in this case. Initially Section 307 IPC was invoked in this case but now the same has been dropped during investigation.

After hearing learned Counsel for the Petitioners, I am of the opinion that the instant petition deserves to be dismissed.

The offence alleged to have been committed by the Petitioners is serious in nature. About 70-80 persons had attacked the complainant party. Petitioner Rajpal had given a dang blow on the shoulder and back of the complainant Balvir Ram, whereas, Petitioners Krishan Lal and Parveen, armed with dangs, had also caused injuries on the person of Gurnam Singh and Jarnail Singh. The Petitioners might be required for custodial interrogation.

Accordingly, this petition is dismissed.