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2014 DIGILAW 1641 (PNJ)

Davinderjit Singh v. State of Punjab

2014-11-28

RITU BAHRI

body2014
JUDGMENT Ms. Ritu Bahri, J.: - Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out in a private complaint case dated 03.02.2010, under Sections 302/34 IPC. 2. On 06.02.2009, the daughter of the petitioner in a freak incident in his house shot herself while fiddling with the revolver in a filmy style. The said revolver belonged to one Jaswant Singh. The daughter of the petitioner died in the incident and the petitioner is thus facing trial. Thereafter, police initiated proceedings under Section 174 Cr.P.C and recorded statements of many villagers and also got conducted the post mortem of deceased from Civil Hospital, Dasuya and DDR No. 16 (A) dated 07.02.2009 and list of villagers who were associated during investigations by the police authorities is Annexure P-2. The investigation was got conducted by DSP, Dasuya who reported that “the death of Gurpreet Kaur is found to have taken place due to fiddling with the revolver and sudden shot of fire, which hit on her head.” (P-3). The investigation was verified by S.P (Detective), which was further accepted by S.D.M Dasuya on 29.07.2009 (P-4). After a gap of more than six months from the above stated accident, another complaint was made against the petitioner with the allegations that petitioner was not of good character and had abducted one Balwinder Kaur. His daughter Gurpreet Kaur used to quarrel with him on this account. On 06.02.2009, Gurmit Sigh and Sohan Singh were sitting on roof top of Gurmit Singh from where they saw in the house of the petitioner where Gurpreet Kaur was quarreling with her father. Dharampal and Shiv Kumar instigated him to kill her and Davinderjit Singh took out pistol from his pocket and shot the fire on her head. The said complaint was further probed by DSP, Dasuya and vie his report dated 31.08.2009, he reported that there is no truth in the complaint filed by the complainant Dilbagh Singh (P-7). In this incident, Dharam Pal and Shiv Kumar were also trapped. Dharampal is of age 77 years and has gone totally blind and Shiv Kumar is a government employee. 3. The complainant-Dilbagh Singh was convicted and sentenced for two years vide judgment dated 28.08.2006 (P-5) as he embezelled the grant of Rs.15,000/- sanctioned fro repair of villages Ad Dharmi Dharamshala. In this incident, Dharam Pal and Shiv Kumar were also trapped. Dharampal is of age 77 years and has gone totally blind and Shiv Kumar is a government employee. 3. The complainant-Dilbagh Singh was convicted and sentenced for two years vide judgment dated 28.08.2006 (P-5) as he embezelled the grant of Rs.15,000/- sanctioned fro repair of villages Ad Dharmi Dharamshala. The appeal preferred against this judgment was dismissed and the complainant- Dilbagh Singh is now on bail. Second Witness-Harjinder Singh was also convicted vide judgment dated 03.05.2012 (P-6). 4. Earlier also, Dilbagh Singh, Harjinder Singh, Sohan Singh and Gurmit Singh deposed against the petitioner and implicated him in a criminal case under Section 307/323/324/326 IPC in which inquiry was got conducted by D.S.P (Shahkot) “that from my investigation it is clearly evident that there is a very strong, old and ongoing factionalism in Budhi Village, Distt Hoshiarpur. Both the factions are imputing on each other to let each other down and as per the circumstances there is no truth found in the allegations of involvement of Davinderjeet Singh, former Sarpanch, in the altercation. It is clearly evident that due to old factionalism false imputations have been made against Davinderjit Singh to let him down.” (P- 7). 5. Thereafter, the petitioner filed a defamation case against Dilbagh Singh, Harjinder Singh, Sohan Singh and Gurmit Singh with the allegations that they have made wrong allegations against the petitioner that he had killed his own daughter (P-8). 6. As a counterblast, the present complaint was filed after a long gap of one year and ten months and petitioner was got declared proclaimed offender but he himself surrendered on 08.01.2014 (P-9). 7. Further the story put by the complainant-Dilbagh Singh stood falsified as Balwinder Kaur had herself sought divorce from her husband on the ground of cruelty, alcholism and demand of dowry (P-15). She further registered F.I.R under Section 420 IPC against one Dharam Pal (P-16). Sohan Singh in his deposition stated that Balwinder Kaur ran away from her house before 1978. The date of birth of deceased Gurpreet Kaur was of 31.12.1992. 8. However, the bail application filed by the petitioner was dismissed by the Court of ASJ, Hoshiarpur (P-17). The coaccused of the petitioner i.e Dharampal and Shiv Kumar have already been granted bail by this Court, vide Annexure P-18 and P-19. 9. The date of birth of deceased Gurpreet Kaur was of 31.12.1992. 8. However, the bail application filed by the petitioner was dismissed by the Court of ASJ, Hoshiarpur (P-17). The coaccused of the petitioner i.e Dharampal and Shiv Kumar have already been granted bail by this Court, vide Annexure P-18 and P-19. 9. Learned State counsel on instructions from Head Constable Gurbachan Singh has informed the Court that notice was served upon the petitioner at his residence i.e Village Bhudi whereas he was residing at Jalandhar. Hence, proper service of the notice was not affected before declaring him Proclaimed offender. Out of 6 prosecution witnesses, 01 has been given up and 02 have been examined and cross examination of other two is fixed for 02.12.2014 10. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. 11. The petitioner is in custody since 08.01.2014 and no recovery is to be effected from him. 12. It is not in dispute that there was enmity between the petitioner and the complainant, as the petitioner was exsarpanch and is further evident from the report dated 31.08.2009 that there is a very strong, old and ongoing factionalism in Budhi Village, Distt Hoshiarpur. Both the factions are imputing on each other to let each other down and as per the circumstances there is no truth found in the allegations of involvement of Davinderjeet Singh, former Sarpanch, in the altercation (P-7). 13. Keeping in view the period of incarceration of the petitioner, the fact that trial may still take some time to conclude and the fact that the complainant and the petitioner are enmical towards each other, this court feels that there is no need to detain the petitioner any longer, Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Dasuya. ---------0.B.S.0------------ —————————