IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 34550 of 2010 Date of decision: 2.2.2011 Gurmail Singh @ Rellu …Petitioner Versus State of Punjab …Respondent Present: Mr RK Handa, Advocate for the petitioner. Mr VPS Sidhu, AAG Punjab. S.S.SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 21.4.2010 for the offences under Sections 302, 201 and 34 IPC. The FIR in the case has been registered on the statement of complainant – Nazar Singh aged 70 years. It is alleged by the complainant that he has his residence at Patiala but he visits his village Raipur during seasonal crop. The father’s sister (Bhua) of the complainant namely Bhagwan Kaur is living in the village. She has 58 Kanals of agricultural land in her name. During her lifetime, she executed a Will in favour of her nephews in respect of the said land. Jagtar Singh, his brother – Jagdhir Singh @ Dhir and their father Gurmail Singh @ Rellu were cultivating about 7-8 Kanals land more than their share, which was objected to by the complainant and his brother. They asked Gurmail Singh to settle the dispute. A day earlier to the occurrence, Girmail Singh @ Rellu Cr Misc M-34550 of 2010 2 (petitioner) called the complainant and his other brothers in the village Patwarkhana. On the day of the incident, the complainant along with his brother – Bhagwant Singh and his brother-in-law – Hardeep Singh came to the Patwarkhana at about 8 a.m. Jagtar Singh, his brother – Jagdhir Singh and their father Gurmail Singh also reached there. However, the Patwari had not reached there. In the meantime, both the parties started discussing the issue of cultivating more land by Jagtar Singh and his brother and father. Jagdhir Singh stated that even if they were cultivating 4 to 7 Kanals more than land out of the total land, they would not allow anybody to enter in their fields. It is then that the complainant stated that if they would not allow the complainant to enter their fields, then there was no use to stay there. Then Gurmail Singh @ Rellu (petitioner) asked his son that if they did not stop demanding their share then they (complainant) should be taught a lesson. On seeing the angry mood of the accused party, the complainant party retraced from that place. While they were returning to their houses and had reached behind the Sath of Kishna in the village and in front of the shop of Bira, the complainant and Hardeep Singh were ahead and their brother – Bhagwant Singh was 3-4 Karams behind them. At about 8.30 a.m., they heard the noise of a car coming at a fast speed from behind. The said car hit Bhagwant Singh with an intention to kill him. After being hit, Bhagwant Singh fell down with his face downwards and the other persons of the complainant’s side raised an alarm. The car was being driven by Jagdhir Singh @ Dhir, who stopped the car near Bhagwant Singh. Then Jagtar Singh, Gurmail Singh and Jagdhir Singh got down from the car. Except for Gurmail Singh (petitioner), both were armed with baseball bats. The complainant raised an alarm that Bhagwant Singh would die and Hardeep Singh too raised an alarm that they would settle the matter Cr Misc M-34550 of 2010 3 afterwards but Gurmail Singh (petitioner) told his sons that Bhagwant Singh had met them on that day with great difficulty and the matter should be decided in the coming days. Then Jagtar Singh and his brother inflicted baseball bat blows on the head of Bhagwant Singh, who was lying on the ground. Jagdhir Singh inflicted baseball bat blows on the left leg and also on the other parts of his body. When the complainant tried to rescue Bhagwant Singh, then all the accused chased him and then all the accused ran away in their grey colour Alto car bearing No.HR 51 8885 towards the village. After that Bhagwant Singh was admitted to the Civil Hospital, Mansa where he was referred to DMC Ludhiana, but on the way, he succumbed to his injuries and then the complainant reached Civil Hospital, Mansa. The motive behind the occurrence was that the accused were not willing to leave the excessive share of the land of their Aunt and for that reasons Jagdhir Singh had inflicted injuries with baseball bat. A perusal of the above shows that no specific role has been attributed to the petitioner in the incident that occurred except that he has exhorted his sons to inflict injuries on the person of Bhagwant Singh, who died lateron. The petitioner is in custody since 24.4.2010. The prosecution has cited 15 PWs, however, four have been examined till date. The trial in the case is likely to take time. There are arguable points in the case which require consideration by the trial Court. The other accused are in custody. In the facts and circumstances of the case, the petitioner on his furnishing personal bond and surety to the satisfaction of learned CJM Mansa, shall be admitted to bail. This petition stands disposed of. 2.2.2011 ( S.S.SARON ) ASR Judge