CRM No.M-23790 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-23790 of 2010 Decided on : 20.08.2010 Satinder Singh ... Petitioner versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE GURDEV SINGH Present : Mr. D.S.Bali, Sr. Advocate with Mr. J.P.Sharma, Advocate for the petitioner. **** GURDEV SINGH, J. The petitioner – Satinder Singh has filed this petition under Section 439 Cr.P.C. for the grant of regular bail in FIR No.48 dated 27.05.2009 under Sections 302, 307, 427, 435, 148, 149 IPC and 25/27/54/59 of Arms Act registered at Police Station Mamdot District Ferozepur. Learned counsel for the petitioner has averred therein that it has not been mentioned in the FIR that the alleged gun shot fired by the petitioner towards Charan Singh ever hit his body. In fact, the gun shot which hit Charan Singh has been attributed to other accused Gurbej Singh and not to the petitioner. It is a case of version and cross-version, which has been put-forth by the accused party in the complaint filed by Gurdev Singh before the learned Judicial Magistrate, Ist Class, Ferozepur, wherein it has been mentioned that it was the complainant party who was aggressor and caused injuries to said Gurdev Singh, Sukhwinder Singh and that Gurdev Singh and others caused injuries to the complainant party in self defence. CRM No.M-23790 of 2010 -2- The present FIR was got registered by Mukhtiar Singh. He narrated therein that on 27.05.2009 at about 3.00 pm, he along with his son Arvinder Singh and relative Kulwant Singh, Charan Singh and one Jaswant Singh was going in the tractor towards his field. On reaching the field, he started ploughing the same with the help of cultivators attached with the tractor. Gurdev Singh accompanied by his son Sukhminder Singh, the present petitioner, Gurbhej Singh Sarpanch of village Suba Jadidi and one unidentified person came there from the side of the farm house of Gurdev Singh. Gurdev Singh raised a lalkara to teach a lesson for taking the land. At that time Gurbhej Singh and the present petitioner were armed with 12 bore guns. Gurdev Singh gave blows with his sword on the face, arm and neck of Kulwant Singh, as a result of which, he fell down. When Jaswant Singh and Charan Singh came forward to save Kulwant Singh, Gurdev Singh gave sword blow on the arm of Jaswant Singh. Gurbhej Singh fired a shot from his gun which hit on the face of Charan Singh. The petitioner also fired towards Charan Singh. The tractor was set on fire by wife of Gurdev Singh and thereafter all the accused fled away from the spot with their respective weapons. As a result of the injuries received by Charan Singh, he died at the spot. This petition cannot be allowed merely on the ground that it is not mentioned in the FIR that the gun shot fired by the petitioner ever hit Charan Singh and that the said version has come only during the investigation while recording the statements of the other eye-witnesses. No doubt it is not mentioned in the FIR that gun shot fired by the petitioner ever hit Charan Singh. However, it is CRM No.M-23790 of 2010 -3- specifically mentioned in the FIR that he fired the gun shot towards Charan Singh. The FIR is not supposed to be encyclopedia of all the facts. The statements of eye-witnesses recorded during the investigation are also to be taken into consideration. It has been stated by the eye-witnesses that the gun shot fired by the petitioner hit Charan Singh. The intention of the petitioner is very much apparent from the fact that he fired the shot by aiming the gun at the deceased. It is also very much clear from the postmortem report that there were three fire arm injuries on the dead body of the deceased, which itself suggest that more than one gun shot was fired at him. Keeping in view the nature of the crime, the circumstances in which the same was committed and the part attributed to the present petitioner, I do not find any ground to release him on bail. The petition is dismissed accordingly. August 20, 2010 (GURDEV SINGH) sonia JUDGE