Crl.Misc.No.M-9181 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.Misc.No.9181 of 2009 Date of decision: 17.11.2009 Prem Kumar ... Petitioner versus State of Punjab. ... Respondent CORAM: HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.S.P.S.Sidhu, Advocate, for the petitioner. Mr.P.S.Sidhu, Addl.AG, Punjab. Mr.A.S.Kakkar, Advocate, for the complainant. ... JORA SINGH, J. Prem Kumar filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 78 dated 31.5.2008 under Sections 302/307/34 IPC and Sections 27/54/59 of the Arms Act, registered at Police Station Mamdot, District Ferozepur. As per prosecution story, Baljit Singh complainant along with his brother purchased land measuring 18 acres along with Farm House from Chanan Singh, resident of Rahim Ke. Earlier this land was purchased by Chanan Singh from Prem Kumar, resident of Rahim Ke Uttar. Prem Kumar was intending that the complainant party should alienate the land to him. Earlier there was some altercation amongst the parties. On 31.5.2008 at about 9.30 AM, Prem Kumar after return from his fields, asked complainant (Baljit Singh) and his brother Harjinder Singh to return the land purchased from Chanan Singh. Complainant party refused to resale the land. Prem Kumar felt offended and went away towards his village. At about 10.00 AM, Prem Kumar along with Surinder Singh and Natinder Kumar came on Crl.Misc.No.M-9181 of 2009 2 different vehicles. Natinder Kumar raised lalkara to teach a lesson for purchasing the land. On hearing lalkara, complainant along with his brother Harjinder Singh and cousin Darbara Singh came out of their house. Then Prem Kumar started firing with his .32 bore revolver, hitting Harjinder Singh. Out of fear, complainant and his cousin to save themselves had gone inside the house. Occurrence was witnessed by Baljit Singh and Darbara Singh. After firing a shot, the accused had fled away from the spot, while raising lalkara. .32 bore revolver of Prem Kumar fell down at the spot and the same is in possession of the complainant party. Learned counsel for the petitioner argued that, in fact, on 31.5.2008 at about 8.30 AM, the petitioner had gone to his fields to irrigate his paddy crop and after operating the motor, when he was returning to his village on his motorcycle, on the way, Baljit Singh on mobile phone requested the petitioner to come to their Dhani to have an important talk with him. The petitioner as per telephonic message on his mobile phone No.9463812461 had gone to the Dhani of Baljit Singh. Harjinder Singh (deceased) was also present there. Both had abused the petitioner by saying that the petitioner tried to shift their Bhaiya. Petitioner replied that no question of shifting of Bhaiya and thereafter came to his house. After taking his meal, the petitioner had gone to his fields with an apprehension in his mind that Baljit Singh and Harjinder Singh can quarrel with him. For his safety, the petitioner had carried his .32 bore licensed revolver with him while going to his fields. Petitioner was in his fields and was near the cattle shed, then at about 10.00 AM, Harjinder Singh armed with kapa came towards the petitioner from his house and gave kapa blow on the head of the petitioner. Petitioner and Harjinder Singh were grappling Crl.Misc.No.M-9181 of 2009 3 and during this process, they had a fall on the heap of manure. In the meantime, Baljit Singh brought .12 bore gun and raised lalkara not to spare the petitioner. With his .12 bore gun Baljit Singh fired a shot hitting the petitioner. To save himself, the petitioner fired a shot in the air. Harjinder Singh gave another kapa blow to the petitioner and to avoid the blow, petitioner raised his right arm. Blow had hit on his right arm. Baljit Singh and Harjinder Singh had grappled with the petitioner and started snatching his revolver and in that process, the revolver went off hitting Harjinder Singh. The matter was reported to the police, but no action was taken by the police. The petitioner had to file private complaint under Sections 307/450/326/324/323/34 IPC and in that complaint case, Baljit Singh was summoned vide order dated 30.9.2008 under Sections 307/326/323/34 IPC. No explanation qua injuries on the person of the petitioner, who was medico legally examined on 11.6.2008. 4 injuries were noted on the person of the petitioner. Duration of injuries was about one to two weeks. Injuries No.1 to 3 were found to be simple in nature. Weapon used to cause injury No.1 was firearm. Injury No.4 was declared as grievous in nature. As per Doctor, injury No.1 cannot be self suffered or self inflicted. Petitioner is in custody w.e.f. 16.6.2008. All the witnesses of the prosecution stand examined. No question to interfere with the appearance of the witnesses. Learned counsel for the petitioner requested to release the petitioner on bail. Learned State counsel frankly admitted that all the witnesses of the prosecution stand examined, but stated that there is a private complaint. Private complaint and the State case are to be decided on the same day. Crl.Misc.No.M-9181 of 2009 4 According to the prosecution story, on 31.5.2008 at about 10.00 AM, the petitioner armed with .32 bore revolver had gone to the house of the deceased along with Surinder Singh and Natinder Kumar. Natinder Kumar had raised lalkara and on hearing lalkara, Harjinder Singh (deceased) along with Baljit Singh and Darbara Singh came out of the house. Prem Kumar had fired a shot hitting Harjinder Singh, but the fire was not repeated. Allegation of the petitioner is that on 31.5.2008, he had gone to his fields to irrigate paddy crop. At 10.00 AM he was near the cattle shed, then sighted Harjinder Singh armed with a kapa. Harjinder Singh gave blow to the petitioner. Petitioner had grappled with Harjinder Singh. For safety purpose, the petitioner in view of earlier altercation with the opposite party had taken his .32 bore revolver with him. In defence, the petitioner had fired shot in the air. In the meantime, Harjinder Singh gave another kapa blow to the petitioner, hitting right arm of the petitioner. Baljit Singh armed with .12 bore gun had raised lalkara not to spare the petitioner. Both the brothers had grappled with the petitioner. According to the complaint, Baljit Singh and Harjinder Singh were trying to snatch the revolver from the petitioner and in that process, revolver went off hitting Harjinder Singh. Qua injuries on the person of Prem Kumar, no explanation by the prosecution. Prem Kumar was medico legally examined on 11.6.2008. Probable duration of the injuries was found to be between one week to two weeks and this fact is clear from Annexure P-3. 4 injuries were noted on the person of the petitioner. Injury No.1 was firearm injury. Injury No.1 cannot be self suffered or self inflicted. Injury No.4 was found to be grievous in Crl.Misc.No.M-9181 of 2009 5 nature and this fact is clear from the report of Board of Doctors (Annexure P-4). When no action by the State qua the injuries on the person of petitioner, then petitioner filed private complaint (Annexure P-2). Opposite party was summoned vide order dated 30.9.2008 to face trial. Petitioner is in custody w.e.f. 16.6.2008. Prosecution has produced all the witnesses. After evidence of the prosecution, statements of the accused are to be recorded. Qua the same occurrence dated 31.5.2008, there is a complaint case as well as State case. On merit, after evidence, the Court is to see as to whether version of the petitioner or Baljit Singh is correct one. State case as well as complaint case are to be decided on the same day by the same Court. No question of interference with the appearance of the witnesses when entire evidence of the prosecution stands recorded. Without any comments on the merit of the case, petition is accepted. Petitioner is ordered to be released on bail to the satisfaction of trial Court/CJM, Ferozepur. 17.11.2009 ( JORA SINGH ) pk JUDGE