IN THE HIGH COURT OF PUNJAB AND HARYAANA AT CHANDIGARH 1. CRM No. M-32787 of 2010 Date of decision : 15.2.2011 Sukhdev Singh @ Sukhraj Singh @ Sukha Singh ….. Petitioner Versus State of Punjab …. Respondent 2. CRM No. M-33236 of 2010 Murta Singh ….. Petitioner Versus State of Punjab ….. Respondent Present : Mr. DS Pheruman, Advocate for the petitioners. Mr. T.S. Salana, DAG, Punjab. *** S.S. SARON, J. This order will dispose of CRM No. M-32787 of 2010 filed by Sukhdev Singh @ Sukhraj Singh @ Sukha Singh son of Major Singh and CRM No. M-33236 of 2010 filed by Murta Singh son of Kishan Singh. CRM No. M-32787 of 2010 and [2] CRM No. M-33236 of 2010 The respective petitioners pray for grant of regular bail in a case registered against them on 2.7.2010 for the offences under Sections 302, 325, 323, 452, 148 and 149 IPC. The FIR in the case has been registered on the complaint of Shinder Kaur wife of deceased Darshan Singh. Darshan Singh had died in the incident that occurred on 2.7.2010 in respect of which the FIR is registered. According to the complainant, her husband Darshan Singh and her husband’s younger brother (Devar) Dharam Singh had property of the Wakf Board in village Pheloke, District Tarn Taran. On 2.7.2010, they had gone to take possession of the same. When they went to the disputed place of the Wakf Board and they were about to cut the standing trees, then Ladda son of Murta Singh @ Murta (petitioner in CRM No. M-33236 of 2010), Devinder Singh and Dharminder Singh sons of Ram Pal who were earlier in possession of the Wakf Board’s land reached there. They entered into an altercation with Darshan Singh (deceased), husband of the complainant as also Dharam Singh, husband’s younger brother (Devar) of the complainant. Thereafter Darshan Singh (deceased) and Dharam Singh, husband and husband’s younger brother (Devar) respectively of the complainant-Shinder Kaur returned home. At about 3.40 p.m. Ladda son of Murta Singh @ Murta (petitioner in CRM No. M-33236 of 2010), Devinder Singh and Dharminder Singh sons of Ram Pal, Avtar Singh @ Pappu, Kultar Singh son of Dalbir Singh of village Pheloke came armed with brickbats and Sukhdev Singh @ Sukha (petitioner in CRM No. M-32787 of 2010) son of Major Singh came armed with a ‘kirpan’. They entered the house of the complainant. Ladda son of Murta Singh @ Murta CRM No. M-32787 of 2010 and [3] CRM No. M-33236 of 2010 (petitioner in CRM No.M-33236 of 2010) raised a lalkara that they be taught a lesson for taking possession of the Wakf land. Avtar Singh @ Pappu gave a blow with a piece of brick on the husband of the complainant namely Darshan Singh which hit him on his chest. Another brickbat blow was given by Avtar Sigh on the husband of the complainant which hit him in his belly. The husband of the complainant fell down on the ground. While falling down, Ladda son of Murta Singh @ Murta (petitioner in CRM No. M-33236 of 2010) gave a blow with a piece of brickbat, which hit him on his right thumb and because of that the husband of the complainant namely Darshan Singh died at the spot. In the meantime, the husband’s younger brother (Devar) of the complainant i.e. Dharam Singh stepped forward. Then Davinder Singh and Dharminder Singh sons of Ram Pal who were also carrying brickbats in their hands, gave blows on Dharam Singh (Devar of the complainant) which hit him on his right cheek and on the index finger of the right foot. Kashmir Singh, father of the complainant who had come to see them intervened, then Sukhdev Singh @ Sukha (petitioner in CRM No. M-32787 of 2010) gave a dasti kirpan blow on him which hit him on his dorsal aspect of the left hand as well as on the little finger. Second blow of the kirpan hit on the right lower front leg. In the meantime, Kultar Singh gave a blow with a piece of brickbat which hit Kashmir Singh on his right and left forearm. In the meantime, the complainant raised an alarm of ‘mar ditta mar ditta’, then all the accused ran away from the spot. The motive of the occurrence was that the complainant side had paid the rent to the Wakf Board and had gone to take possession because of which the incident had CRM No. M-32787 of 2010 and [4] CRM No. M-33236 of 2010 occurred. The complainant left Kashmir Singh to guard the dead body of her husband Darshan Singh and she along with Surta Singh, Sarpanch went to lodge the report at the Police Station and the police met her and she requested that action be taken. The supplementary statement of the complainant Shinder Kaur was recorded on 16.9.2010 in which she stated that at the time of recording her earlier statement on 2.7.2010, she was not in her full senses. Her husband died due to injuries caused by brickbats and pieces of the bricks on the rooftop of the residential room itself. His dead body was covered with the bed sheet and the four corners of the bed sheet were tied and with the help of rope, the dead body was put down and the same was laid down on a cot. Besides, in her earlier statement, she had stated that her father Kashmir Singh had come to see them, but in fact he was the father of her husband’s younger brother’s wife namely Daljit Kaur. It may be noticed that Murta Singh @ Murta (petitioner in CRM No. M-33236 of 2010) has been attributed a lalkara only and no overt act has been attributed to him. Sukhdev Singh @ Sukha (petitioner in CRM No. M-32787 of 2010) is said to have given a ‘kirpan’ blow on the person of Kashmir Singh which hit the dorsal aspect of the left hand as well as on the little finger. Second blow of the kirpan hit on the right lower front leg of Kashmir Singh. The medical report of Kashmir Singh shows that there is lacerated wound 5 cm x .75 cm on outer aspect of right lower leg 7 cm below right knee. X-ray was advised. Besides, there was an abrasion 6 cm x 1 cm on outer aspect of right lower leg 1cm below injury No.1. There is an abrasion 3 cm x 2 cm on CRM No. M-32787 of 2010 and [5] CRM No. M-33236 of 2010 dorsal aspect of right forearm 11 cm above right wrist joint. There was diffuse swelling around the wound extending upto wrist joint. X-ray was advised. Besides, there is a diffuse swelling on dorsal aspect of left hand involving all the fingers for which X-ray was advised. Lastly there was a diffuse swelling 6 cm x 3 cm on dorsal aspect of left forearm, 5 cm from wrist joint. X-ray was advised. Injury No.2 was opined to be simple in nature while injuries No.1, 3, 4 and 5 were kept under observation. According to the learned counsel appearing for the respective petitioners, Sukhdev Singh @ Sukha (petitioner in CRM No.M-32787 of 2010) son of Major Singh was armed with a ‘kirpan’ whereas the injuries on the person of Kashmir Singh is a lacerated wound; besides, abrasion as also diffuse swellings. Therefore, it is to be established by the prosecution that Sukhdev Singh @ Sukha (petitioner in CRM No. M-32787 of 2010) son of Major Singh had caused injuries as has been attributed to him. It is also submitted that the medical board could not ascertain the exact cause of the death of Darshan Singh. However, due to ‘Vasovagal’ could not be ruled out. ‘Vasovagal Syncope’ is the common faint that may be experienced by normal persons with no evidence of heart disease. These aspects however are to be considered and gone into by the learned trial Court after evidence has been led. For the present, no injury has been attributed to Sukhdev Singh @ Sukha (petitioner in CRM No. M-32787 of 2010) and Murta Singh @ Murta (petitioner in CRM No. M-33236 of 2010) on the person of the deceased Darshan Singh, husband of the complainant. CRM No. M-32787 of 2010 and [6] CRM No. M-33236 of 2010 In the circumstances, the Crl. Misc. petitions (i.e. CRM No. M-32787 of 2010 and CRM No. M-33236 of 2010) are allowed and the petitioners in the respective petitions on their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Tarn Taran shall be admitted to bail. (S.S. SARON) JUDGE February 15, 2011 amit