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2012 DIGILAW 1699 (PNJ)

Nirmal Singh v. State of Punjab and another

2012-12-03

K.C.PURI

body2012
K. C. Puri, J.:— (ORAL) By this common order, I intend to dispose of CRM NO. M- 35484 of 2012 titled as Nirmal Singh and others versus State of Punjab and another and CRM NO. M-35563 of 2012 titled as Vinod Kumar versus State of Punjab and another as these have been arisen out of the same complaint and incident. For convenience facts are being taken from CRM NO. M-35484 of 2012 titled as Nirmal Singh and others versus State of Punjab and another. 2. Jarnail Singh son of Kirpal Singh, father of deceased Surinder Singh has filed complaint under Sections 302, 364, 148 and 149 and 201 of the Indian Penal Code ( in short – the IPC) against the present petitioners and others. It is mentioned in the complaint that on 31.5.2007 Surinder Singh was going for his duty after giving the keys of the house to his wife Surinder Kaur, who was working at Flour Mill, Focal Point at Moga. Accused Jasbir alias Sheera, Ram Kumar, Paramajit Gart alias Prema encircled Surinder Singh and started beating him. After hearing noise Ranjit Singh son of Gurnam Singh, Jarnail Singh son of Kartar Singh residents of Dalla, who were present at the spot tried to restrain the above said accused from doing so. The said accused through mobile telephone called their companions Nirmal Singh, Vinod Kumar, Raman Kumar and Suresh Kumar at Focal Point, who reached at the spot in Sumo vehicle after some time and they also gave severe beatings to Surinder Singh. All the accused gave beating with sticks and tied him with rope and took him to Gopal Gaushala, Moga in the Sumo vehicle where also accused gave beatings with sticks to Surinder Singh but Harjinder singh son of Amar Singh and Gursewak Singh alias Sebu son of Banta Singh resident of Mehna reached there, who saw the whole incident and they tried to stop them but they did not restrain from inflicting injuries upon Surinder Singh. Surinder Singh screamed and told them that he is not at fault and he is resident of village Dalla and works at Security Guard at Ludhiana and showed the character certificate issued by the Sarpanch. At the spot some TV reporters also reached, who also tried to restraint the accused from doing the wrong deed. Surinder Singh died due to injuries. At the spot some TV reporters also reached, who also tried to restraint the accused from doing the wrong deed. Surinder Singh died due to injuries. Thereafter police from Police Station, Moga came there who got conducted the post mortem examination of Surinder Singh. Television news and newspaper items were attached with the complaint. 3. The present petitioners are seeking anticipatory bail in the complaint case lodged by complainant. 4. Initially the FIR was registered at the instance of wife of the deceased. The said FIR was cancelled as Surinder Singh died due to injuries caused by stray cow and bull. So, it is submitted that complaint was filed after three months. The petitioners are entitled to the concession of anticipatory bail. 5. I have considered the said submission but do not find force in that submission. 6. During the course of arguments, news reports and photographs have been shown. The deceased was shown chained with rope and seems to be in an injured condition. The offence complained off against the petitioners is punishable with death penalty. 7. So far as the cancellation report filed by the police is concerned there may be chances of won over the wife of the complainant by the accused-petitioners, as her affidavit has also a been placed on the file. The gravity of offence does not make out a case for anticipatory bail. 8. Consequently, both the applications are without any merit and the same stands dismissed.