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2013 DIGILAW 725 (PNJ)

Bhupinder Singh v. State of Punjab

2013-05-28

S.P.Bangarh, S.S.Saron

body2013
JUDGMENT Learned State counsel has filed affidavit dated 22.05.2013 of Shri Gurpal Singh Sarowa, Superintendent Maximum Security Jail, Jail Nabha mentioning the period of imprisonment undergone by the applicant/appellant No.2-Avtar Singh alias Soni. The same is taken on record. 2. Heard learned counsel for the parties. 3. The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant No.2-Avtar Singh alias Soni son of Ranjit Singh during the pendency of the appeal. 4. In the incident that occurred on 23.09.2009 it is alleged by the complainant-Nachattar Kaur Sarpanch wife of Avtar Singh (deceased) son of Amar Singh that on 23.09.2009 at about 6.30 pm she along with her husband Avtar Singh (deceased) son of Amar Singh was at her shop which is there in their residential house. The shutter of the shop was open. Bhupinder Singh Ex.Sarpanch (appellant No.1) son of Amar Singh along with 4-5 persons came inside the shop. One of them was a Sikh person with trimmed beard and he was carrying a whip. Immediately on coming there, they started abusing the husband of the complainant. Bhupinder Singh Ex.Sarpanch (appellant No.1) threw down the husband of the complainant from the chair. Two of the assailants were carrying sticks. While Avtar Singh (deceased) son of Amar Singh was lying on the floor he was kicked and fist blows on his chest and abdomen were inflicted. The complainant raised an alarm of ‘Marta Marta’ on which the assailants ran away along with their respective weapons in the car which had been parked outside. Dalbir Singh Panch and Jagdev Singh son of Harchand Singh took the husband of the complainant on a motorcycle to the Civil Hospital, Gobindgarh where he died. It is alleged by the complainant that her husband died due to injuries inflicted by Bhupinder Singh Ex.Sarpanch (appellant No.1) and by the persons who were accompanying him. The motive for the incident was that an application for conducting an inquiry into the work of the Panchayat undertaken by Bhupinder Singh Ex.Sarpanch (appellant No.1) was submitted to the Block Development and Panchayat Officer, Amloh. About 5-6 days earlier Bhupinder Singh (appellant No.1) etc has held out threats to the husband of the complainant that he would be killed. The statement of the complainant was recorded. 5. About 5-6 days earlier Bhupinder Singh (appellant No.1) etc has held out threats to the husband of the complainant that he would be killed. The statement of the complainant was recorded. 5. It may be noticed that the name of the applicant/appellant No.2-Avtar Singh alias Soni son of Ranjit Singh does not find a mention in the FIR. Jagdev Singh (PW-4) supported the prosecution case to the extent that he took the injured Avtar Singh (deceased) son of Amar Singh to the hospital. Balbir Singh (PW-6) has also supported the case to the said extent. It may be noticed that Bhupinder Singh Ex. Sarpanch (appellant No.1) is the maternal uncle of applicant/appellant No.2-Avtar Singh alias Soni son of Ranjit Singh. In defence Ranjit Singh (DW-1) father of Avtar Singh (applicant/appellant No.2) was examined. He stated that he has two sons namely Baljinder Singh and applicant/appellant No.2-Avtar Singh alias Soni and that Bhupinder Singh Ex.Sarpanch (appellant No.1) is the brother of his wife. Marriage of Baljinder Singh son of DW-1 Ranjit Singh brother of applicant/appellant No.2-Avtar Singh alias Soni was solemnized on 23.09.2009 and all his relatives were at his house at village Dharour on 22.09.2009 and on 23.09.2009, the marriage party of Baljinder Singh went to Gill Green Park, Dehlon. Jarnail Singh (DW-2) who is the father of the bride who was married to Baljinder Singh has also deposed regarding the marriage and presence of Bhupinder Singh (appellant No.1) and Avtar Singh alias Soni (applicant/appellant No.2) at the marriage. The effect of the evidence that has been led would require consideration at the time of final hearing of the appeal. 6. In terms of the affidavit that has been filed in Court today, the applicant/appellant No.2 has undergone imprisonment of four years, seven months and seventeen days as on 20.05.2013. The appeal is not likely to mature for hearing in the near future. Therefore, in the facts and circumstances, it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant No.2-Avtar Singh alias Soni son of Ranjit Singh during the pendency of the appeal. 7. Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant No.2-Avtar Singh alias Soni son of Ranjit Singh during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Fatehgarh Sahib. 7. Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant No.2-Avtar Singh alias Soni son of Ranjit Singh during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Fatehgarh Sahib. --------0.B.S.0------------ ——————————