Crl. Misc. No.M-6550 of 2011 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-6550 of 2011 Date of decision: 03.03.2011 Angrej Singh and another .. Petitioners Versus State of Punjab .. Respondent Present:- Mr. L.S. Sidhu, Advocate, for the petitioners. * * * * S.S. SARON, J. Heard counsel for the petitioners. The petitioners seek pre-arrest bail in a case registered against them on 15.01.2011 for the offences under Sections 452, 324, 323 and 34 IPC; besides, Section 307 IPC, which was added later at Police Station Talwandi Sabo, District Bathinda. The FIR, in the case, has been registered on the statement of Gurtej Singh. It is alleged by the complainant-Gurtej Singh that on the day of Lohri festival i.e. 13.01.2011 at about 8.30 p.m.. he (complainant) and his brother Mohinder Singh; besides, ladies of the family were sitting around the fire and talking to each other. In the meantime, their neighbour-Jarnail Singh (non-petitioner) armed with gandasa, Angrej Singh (petitioner No.1) and Attar Singh (petitioner No.2) armed with dangs suddenly entered their house. Jarnail Singh raised a lalkara to catch hold of Gurtej Singh and he should not escape today. Immediately Jarnail Singh gave a gandasa blow on the head of the complainant-Gurtej Singh. The complainant fell down and he raised a noise of maarta maarta. Then his brother-Mohinder Singh tried to rescue him and then these three Crl. Misc. No.M-6550 of 2011 ::2:: accused inflicted injuries to Mohinder Singh (brother of the complainant) with their respective weapons. The members of the family raised a noise of “na maro, na maro” and all these three persons fled away from the scene with their respective weapons. Paramjit Singh son of Jawala Singh arranged the vehicle and got the complainant and his brother Mohinder Singh admitted at Civil Hospital, Talwandi Sabo. The motive was that they had a dispute regarding bricks of the common wall and in connivance with each other, they had entered their house and inflicted injuries to him (complainant) and his brother Mohinder Singh. Learned counsel for the petitioner has contended that it is a case of cross-version and the cross-version (Annexure P-1) has been recorded on the statement of Jarnail Singh. In the incident as narrated in the cross-version, it is stated by Jarnail Singh that on 13.01.2011, their neighbour Gurtej Singh (complainant in the FIR) and his brother-Mohinder Singh armed with sticks, Paramjit Singh i.e. the person who took the injured to the hospital; armed with gandasa and Harcharan Singh were seen coming towards their side. Harcharan Singh raised a lalkara and said that on the said day, Jarnail Singh should not be spared and he be caught hold of. Paramjit Singh, it is alleged, gave a gandasa blow towards the right side of the forehead of Jarnail Singh (complainant in the cross- version). When he (complainant in cross-version) fell on the ground, Gurtej Singh (complainant in the FIR) gave a dang blow held by him, which he hit on his (Jarnail Singh) right forearm. Mohinder Singh gave a danda blow which hit on his left forearm. Jarnail Singh and his father-Teja Singh raised a noise of “na maro, na maro”. On this, all the said persons fled away from the scene along with their respective weapons. In the fight, the assailants had also received injuries. Since Jarnail Singh (complainant in cross- version) received injuries, therefore, his father of namely Teja Singh got Crl. Misc. No.M-6550 of 2011 ::3:: him admitted at City Hospital Talwandi Sabo, where the doctor gave him first-aid. They had a common wall and they had the dispute regarding its bricks. Because of the said reason, the accused in connivance with each other had inflicted injuries to Jarnail Singh (complainant in cross-version). It may be noticed that the incident had occurred on 13.01.2011 during the Lohri Festival. However, the petitioners along with Jarnail Singh (non-petitioner) had entered the house of the complainant- Gurtej Singh. In the medical report (Annexure P-6) of Jarnail Singh, there are three injuries found on the person of Jarnail Singh. Injury No.1 is an incised wound 3 cm x 1 cm x 1 cm on the right side of forehead near anterior hair-line with fresh bleeding. X-ray was advised. After X-ray, the doctor in his opinion dated 27.01.2011 (Annexure P-7) observed no bony fracture was seen in any of X-ray films regarding the injuries on the person of Jarnail Singh. Nature of injuries was declared simple. The effect of the cross-version (Annexure P-1), which has been recorded on the statement of Jarnail Singh is to be considered by the Investigating authorities. However, it may be noticed that the offence under Section 307 IPC is attributed to the petitioner side. They had entered into the house of the complainant-Gurtej Singh. Learned counsel for the petitioner has contended that the injuries attributed to the petitioners are simple in nature. However, the act of entering into the house of the petitioners and causing injuries at night during the festival of Lohri is not such a circumstance, which would entitle the petitioners to concession of pre-arrest bail. In the facts and circumstances, the criminal miscellaneous petition is dismissed. However, in case, the petitioners surrender before the police within three days of receipt of copy of this order, their application for Crl. Misc. No.M-6550 of 2011 ::4:: regular bail shall be considered by the concerned Court as expeditiously as possible and preferably within three days of its filing after excluding the period of police remand, if any. (S.S. SARON) March 03, 2011 JUDGE sukhpreet