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2021 DIGILAW 1284 (PNJ)

Gurdev Singh @ Bitta v. State Of Punjab

2021-07-13

ARVIND SINGH SANGWAN

body2021
JUDGMENT Arvind Singh Sangwan, J. (Oral), - Prayer in this petition is for grant of anticipatory bail to the petitioners in FIR No.331 dated 02.09.2020 registered under Sections 302/307/506/148/149/34 of the Indian Penal Code, 1860 (in short 'IPC') and 25/27/54/59 of the Arms Act, 1959 at Police Station Chabal, District Tarn Taran. Counsel for the petitioners has argued that the FIR was registered on the statement of Kulbir Kaur, mother of the deceased - Gurbinder Singh, with the allegations that on 01.09.2020 her son Gurbinder Singh had gone to the fields at about 08:15 PM and did not return home. Next morning at about 07:00 AM when the complainant came to know that her son Gurbinder Singh had gone to farmhouse (Haveli) where Manjinder Singh, Harpal Singh, Sehajpreet Singh, Heera Singh, Daljit Singh, Sarabjit Singh, Gurbir Singh, Ram Singh Namdharia, Jagga Singh, Amritpal Singh, Balwinder Kaur and Prabhjot Kaur came on their vehicles and forcibly took away her son towards the main road. On the turning of the road, her son Gurbinder Singh to whom Harpal Singh, Manjinder Singh, Sehajpreet Singh and Heera Singh, etc. caused injuries and the other accused were exhorting lalkara. The complainant followed her son, when he was taken away from the Haveli and on seeing her, her son raised alarm 'maar ditta maar ditta'. All the assailants took away the pistol and mobile phone of Gurbinder Singh and when she reached near him, she found that her son Gurbinder Singh had died. With the aforesaid allegations, the FIR was registered against the aforesaid accused persons. Counsel for the petitioners has further submitted that thereafter, the police during the investigation recorded the statement of one Mandeep Kaur, who made a statement on 24.09.2020 i.e. after 24 days that her husband Jalabjit Singh had died 05 years ago and she is residing with her 9 years' old son. She had developed friendship with the deceased Gurbinder Singh, who used to visit her house occasionally. On 01.09.2020, Gurbinder Singh came to her house at about 11:30 PM and sat on her bed by keeping his pistol and cartridges belt on the table. She had developed friendship with the deceased Gurbinder Singh, who used to visit her house occasionally. On 01.09.2020, Gurbinder Singh came to her house at about 11:30 PM and sat on her bed by keeping his pistol and cartridges belt on the table. When Gurbinder Singh was sleeping on the bed, somebody knocked the door and when she opened the door and found in the electric light that the petitioner No.1 - Gurdev Singh @ Bitta having a small turban cloth, petitioner No.2 Harjit Singh @ Jeetu having a datar and one Jagjot Singh @ Bawa, was having a rope in his hand were standing and she knew them earlier. Jagjot Singh @ Bawa pushed her and entered the room and in her present, Jagjot Singh @ Bawa removed the pistol and the belt containing cartridges and then put, the thin rope around the neck of Gurbinder Singh and all of them started pulling him with the thin rope and strangulated the neck of Gurbinder Singh, who later became unconscious. Gurdev Singh @ Bitta caught hold of his legs and hands and tied with a piece of cloth. Thereafter, all the 03 accused persons took away Gurbinder Singh from her house and threatened that if she informed anybody, they will murder her son. Out of fear, she did not inform this fact to anyone. Counsel for the petitioner has further submitted that thereafter Jagjot Singh @ Bawa and both the petitioners were nominated in the case. Jagjot Singh @ Bawa was arrested on 24.09.2020, however in his disclosure statement, he did not give any clue about the pistol and cartridges but named the petitioners and thereafter, the petitioners were arrested and their disclosure statement was recorded. It is further submitted that the version given by the Mandeep Kaur, the eye-witness as they have given 02 different versions and therefore, the petitioners are entitled to get the benefit of bail. It is further submitted that the version given by the Mandeep Kaur, the eye-witness as they have given 02 different versions and therefore, the petitioners are entitled to get the benefit of bail. In reply, counsel for the State has heavily opposed the prayer for bail on the ground that before registration of the case on 01.08.2020, Gurbinder Singh had come to the police and recorded his statement that he along with his friends Abhijot Singh and Jogbanjit Singh were returning to their houses from Baba Buddha Sahib and they were intercepted by Manjinder Singh, armed with a revolver, Harpal Singh armed with a 12 bore DDBL gun, Sehjpreet Singh armed with a sword, Hira Singh armed with 12 bore gun, Ram Singh Namdharia armed with a 315 bore gun, Jagga Singh armed with a 12 bore DDBL gun, Amritpal Singh armed with a 315 bore gun, Balwinder Kaur, were abroad in 03 vehicles. They chased the car of Gurbinder Singh and when they reached near Haveli, Sehajpreet Singh raised a voice that he should be taught that it is not fun to occupy the land. The complainant and his friends entered the house and the aforesaid persons started firing with their weapons with intention to kill them. Many people entered the Haveli and fired the shots. One of the bullet scratched his head and when they raised the alarm, the aforesaid persons ran away from the spot. It is stated that the reason behind the occurrence was the land dispute between Gurbinder Singh's uncle's wife Balwinder Kaur and on that account, an attempt was made to kill him and FIR No.305 dated 01.08.2020 under Sections 307, 452, 506, 148, 149 IPC and Sections 25/27 of the Arms Act was registered at Police Station Jhabhal, District Tarn Taran. It is also stated that even a cross case was registered against Gurbinder Singh and others vide DDR No.24 dated 14.08.2020. Counsel for the State has further argued that during the investigation, when the aforesaid Mandeep Kaur recorded her statement giving the manner in which the petitioners along with Jagjot Singh @ Bawa have committed the murder of Gurbinder Singh, all the 03 accused persons were nominated in the FIR as Mandeep Kaur has even recorded her statement under Section 164 Cr.P.C., before the Illaqa Magistrate on 25.09.2020. It is further stated that there are direct allegations against the petitioners. It is further stated that there are direct allegations against the petitioners. Counsel for the State has also submitted that during the investigation, the accused named in the statement of the mother of the deceased were found innocent. After the arrest of Jagjot Singh @ Bawa, he suffered a disclosure statement that he committed the murder in conspiracy with both the petitioners and also got the rope recovered which was used for committing the murder of Gurbinder Singh for strangulating him. Counsel for the State has also referred to the post- mortem report of deceased Gurbinder Singh to submit that the nature of injuries defined in the post-mortem report also support the occular version of Mandeep Kaur. It is further submitted that Injury No.6 reflects that the nose is completely chopped off, Injuries No.4 and 7 show the injuries on the right parieto occipital region of head and the cheek bone. Counsel for the State has further argued that the version of Mandeep Kaur that Gurbinder Singh was strangulated with a wire find support as per Injuries No.3 and 5 which are reddish abrasion at nape of neck placed transversely and a lacerated wound on right occipital region. It is further submitted that Injury No.8 further reflect that both upper and long lips from its middle to including right corner of lips are chopped off which also reflect that when with the help of string, the body of Gurbinder Singh was pulled by the accused, such injuries are likely to be caused. It is worth noticing that vide order dated 28.01.2021 awaiting the affidavit of the Investigating Officer, the arrest of the petitioner was stayed. After hearing the counsel for the parties, without commenting anything on merits of the case, it is apparent that the version given by Mandeep kaur, the eye-witness is corroborated by medical evidence as per the post-mortem report. Counsel for the petitioner could not dispute that on a previous occasion an FIR under Section 307 IPC was registered for making an attempt to commit the murder of deceased Gurbinder Singh and this incident occurred just 01 month prior to the incident when he was murdered. The motive for committing the offence is also stated to be a land dispute between the parties. The motive for committing the offence is also stated to be a land dispute between the parties. Considering the serious allegations against the petitioners, I find that it is a fit case where the custodial interrogation of the petitioners is required and no case for anticipatory bail is made out. Accordingly, the present petition is dismissed. However, it is clarified that the observations made hereinabove are only for the purpose of deciding the bail application of the petitioners and will have no bearing on the merits of the case.