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2020 DIGILAW 513 (HP)

Gurnam Singh @ Ganja v. State of Himachal Pradesh

2020-08-24

VIVEK SINGH THAKUR

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JUDGMENT Vivek Singh Thakur, J. - Petitioner has approached this Court, by filing this petition under Section 439 Cr.P.C., for grant of regular bail in FIR No. 273 of 2014, dated 26.11.2014 registered in Police Station, Baddi, District Solan, Himachal Pradesh under Section 302, 201,506, 452 read with Section 34 IPC. Petitioner, after remaining in Police custody, is now in judicial custody after his arrest on 26.11.2014. 2. Status report stands filed, wherein it is stated that on 26.11.2014, complainant Kunwar Pal had made a statement to the Police, recorded under Section 154 Cr.P.C., stating therein that on 26.11.2014 deceased Shashi, brother-in-law (Dever) of his daughter had come to his house to leave his daughter Lalita in her maternal house after delivery on 19.11.2014 and on that day at about 7:30 P.M. when his son Nanak Ram and Shashi were about to take meal, Shashi had received a call on his mobile and for attending the said call, he had come in the courtyard of the house, whereupon petitioner Gurnam, resident of adjoining house, had started abusing and beating Shashi with anger, whereupon Shashi after fleeing from clutches of Gurnam, had come inside the room and complainant and his son Nanak had also tried to save Shashi, but Gurnam had also called Rajinder alias Kala and thereafter Rajinder carrying a stick (danda) in his hand and Gurnam having a big knife in his hand, had forcibly entered the room and Rajinder had beaten Shashi with stick and Gurnam had stabbed in stomach of Shashi, whereupon Shashi had fallen losing his consciousness. It was also revealed by complainant that when he and his son were trying to save Shashi, they were also beaten by Gurnam with kicks and slaps and Gurnam had put knife on his neck and had threatened to kill him also and thereafter both of them had fled from the spot. Thereafter, Shashi was taken to hospital by his son and one Narender on scooter, but he was declared brought dead by the Doctor. 3. It is also stated in the status report that during investigation Gurnam Singh had produced a knife, with brown red stains on it, claiming it the weapon of offence, but according to complainant Kunwar Pal, it was not the knife, used for commission of offence. However, the said knife was taken in possession and sent for chemical analysis to State FSL. However, the said knife was taken in possession and sent for chemical analysis to State FSL. On chemical examination, it was found in State FSL that this knife was stained with blood of fowl, i.e. some bird, whereupon petitioner was again interrogated and then he had disclosed that knife used for commission of offence was buried by him under the drain of washbasin, used for cleaning utensils. Thereafter, on his identification after digging the drain, knife was recovered and after drying it, it was taken in possession and sent for chemical examination to State FSL, where blood traces were detected on this knife recovered from the drain and injuries on body of deceased were also found to be corresponding to that. 4. Petitioner is suffering charge under Section 302 IPC, which is a heinous crime, punishable with death or imprisonment for life and fine. For material placed before me, it cannot be said that exfacie no case is made out against petitioner. Learned Deputy Advocate General, under instructions, had submitted that next date in the case in the trial Court is 31.8.2020, fixed for recording of evidence. 5. Learned counsel for the petitioner has submitted that petitioner is only bread earner in his family, having four children, wife, parents and old grandparents and no fruitful purpose is going to be served by detaining him in custody, as there is no evidence against him to connect with the commission of alleged offence and further that investigation is complete and no recovery is to be effected from the petitioner and also that there is no previous criminal history of the petitioner and further that no motive, for commission of offence, has been disclosed in the complaint lodged against the petitioner and there was no reason for the petitioner to commit the offence and he has been falsely implicated. 6. Without going into the merits of the contentions of respective parties, considering the material placed before me and nature and gravity of offence, I find that it is not a fit case for enlarging the petitioner on bail at this stage. 6. Without going into the merits of the contentions of respective parties, considering the material placed before me and nature and gravity of offence, I find that it is not a fit case for enlarging the petitioner on bail at this stage. Therefore, this petition is dismissed with direction to the parties to ensure their effective representation before the trial Court on 31.8.2020 and also on subsequent dates fixed by the trial Court, enabling the trial Court to record evidence on that date, if any, present in the Court and in view of notification dated 7.8.2020 issued by the High Court, trial Court is also directed, by taking all safety measures, to complete the evidence in present case as early as possible, so as to conclude the trial expeditiously. Parties are also directed to avoid unnecessary adjournments, but to cooperate and assist the Court to record the evidence and conclude the trial at the earliest. 7. Any fact recorded herein above or observations made by this Court are limited to the purpose of deciding present petition and the same in any eventuality shall not be construed to have been made/observed on merits and shall not have any effect on the merits of the case, which is to be decided by the trial Court on its own merit, on the basis of material before it. Copy of this order be transmitted to the trial Court, immediately.