Punjab-Haryana High Court
Angrej Singh vs State Of Punjab on 6 May, 2022
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-25719-2020 (O&M)
Date of Decision:- 6.5.2022
Angrej Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. A.P.S. Deol, Senior Advocate with
Mr. Himmat Singh Deol, Advocate for the petitioner.
Mr. Tranvir Joshi, AAG, Punjab,
assisted by ASI Gurdeep Singh.
Mr. Amaninder Preet, Advocate for the complainant.
*****
GURVINDER SINGH GILL, J.
1. The petitioner seeks grant of regular bail in a case registered vide FIR No. 32 dated 16.3.2020 under Sections 201, 302, 307, 324, 325, 323, 148, 149 IPC and under Sections 25, 27 and 30 of the Arms Act, 1959 at Police Station Jaito, District Faridkot.
2. The FIR was registered at the instance of Yadwinder Singh wherein it is alleged that on 15.3.2020 he had gone to Govt. Senior Secondary School in their village Rodi Kapura where a kabbadi tournament was being held. Gurnaib Singh and Jasvir Singh were also present there to witness the kabbadi tournament. At about 6 p.m., he alongwith Gurnaib Singh and Jasvir Singh were standing close to the barricades watching the match. All of a sudden Manpreet Singh armed with a revolver/pistol, Sandeep Singh 1 of 9 ::: Downloaded on - 07-05-2022 07:22:00 ::: 2 CRM-M-25719-2020 (O&M) armed with a revolver/pistol, Jassa Singh armed with 'kappa', Gulzar Singh armed with 'kappa', Sardool Singh armed with 'Dang', Pishora Singh armed with baseball bat, son of Mani Singh's Mama (uncle) armed with 'Kahi' and Brar resident of Bargadi, who is an employee of Punjab Police armed with a 'kirpan' apart from 2-3 unknown persons who were armed with 'Kahi' came there. It is alleged in the FIR that the accused inflicted injuries to the complainant Yadwinder Singh, Gurnaib Singh and Jasvir Singh with their respective weapons. The petitioner is alleged to have inflicted an injury with a 'kirpan' on the head of injured Gurnaib Singh.
3. It is further alleged by the complainant that when they raised alarm several other spectators, who were present at the spot gathered there and thereafter the accused ran away from the spot. The motive alleged is that about 1½ months earlier Jasvir Singh (deceased) had an altercation with Manpreet Singh and Sandeep Singh which had been settled with the intervention of elders but Manpreet Singh and Sandeep Singh still nursed a grudge against them. Although, all the three injured i.e. complainant Yadwinder Singh, Gurnaib Singh and Jasvir Singh were taken to hospital but Jasvir Singh succumbed to his injuries.
4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that in any case he is not attributed the fatal injury caused by Manpreet Singh and Sandeep Singh with the help of pistols and the only role attributed to him is that he had inflicted a blow with 'kirpan' on the head of injured Gurnaib Singh. The learned counsel has further submitted that the present case infact is a case of cross- versions wherein one Gurpreet Singh, mentioned as Mani's cousin in the 2 of 9 ::: Downloaded on - 07-05-2022 07:22:01 ::: 3 CRM-M-25719-2020 (O&M) FIR [son of Mani Singh's Mama (uncle)] on the side of the accused had also sustained injuries including a grievous injury and in respect of which a cross-version was lodged vide DDR No. 50 dated 18.3.2020 under Sections 326, 324, 323, 148, 149 IPC and under Section 25 of the Arms Act, 1959 at Police Station Jaito, District Faridkot.
5. It has further been submitted that the petitioner otherwise is not named in the FIR and has been falsely implicated. It has been submitted that since a grievous injury has been sustained by Gurpreet Singh - accused, it will be debatable as to which of the parties was aggressor and as such, the petitioner deserves the concession of bail.
6. On the other hand, the learned State counsel, assisted by counsel for the complainant, has opposed the petition on the ground that the petitioner was part and parcel of the unlawful assembly which had inflicted a large number of injuries to the deceased as well as two other injured which stand duly substantiated from medical evidence. It has further been submitted that even if it is held that the deceased lost his life on account of the firearm injuries inflicted by co-accused Manpreet Singh and Sandeep Singh, still the role of the petitioner who was carrying a sword and had inflicted an injury with the same on the head of Gurnaib Singh would clearly establish his complicity in the matter and substantiate the fact that he shared a common object with the other co-accused for killing Jasvir Singh and inflicting injuries to complainant Yadwinder Singh and Gurnaib Singh. It has been submitted that the injuries on the person of Gurpreet Singh would not advance the case of the petitioner in any manner and it cannot be said that the petitioner and other co-accused had inflicted injuries in self-defence. The State counsel 3 of 9 ::: Downloaded on - 07-05-2022 07:22:01 ::: 4 CRM-M-25719-2020 (O&M) has, thus, prayed for dismissal of the petition. The learned State counsel has, however, informed that the petitioner has been behind bars since the last 2 years, 1 month and 6 days and till date no prosecution witness has been examined.
7. I have considered rival submissions addressed before this Court.
8. A perusal of the FIR would indicate that as many as 8 persons are named in the FIR apart from 2-3 other unknown assailants. A perusal of the FIR would indicate that the accused are alleged to have caused injuries to the complainant Yadwinder Singh, injured Gurnaib Singh and deceased Jasvir Singh in the following manner :-
Sr. No. Accused Weapon Role
1 Manpreet Singh Pistol Fired shot on left side of chest of Jasvir Singh
(deceased) and also fired shot on the knee of Yadwinder-complainant 2 Sandeep Singh Pistol Fired shot towards Jasbir Singh deceased 3 Sardool Singh Dang Dang blow on right arm of Jasbir Singh deceased 4 Jassa Singh Kappa Kappa blow on head of Gurnaib Singh injured (injury no.2) 5 Pishor Singh Baseball Blows on back & head of Yadwinder-
bat complainant
6 Gulzar Singh Kappa Blows on back & head of Yadwinder-
complainant
7 Brar an Kirpan Kirpan blow on the head of Gurnaib Singh -
employee of injured (injury No. 1)
Punjab police
(Angrej Singh)
8 Son of Mani Kirpan Blows on back & head of Yadwinder-
Singh's Mama complainant
(uncle)
9. A perusal of the postmortem report (Annexure P-2) in respect of Jasvir Singh would indicate that he was found to have sustained the following injuries :-
4 of 9 ::: Downloaded on - 07-05-2022 07:22:01 ::: 5 CRM-M-25719-2020 (O&M) Sr. Injuries Marked Injury No Number 1 PUNCTURED LACERATED WOUND OF SIZE 1.5 CM X 1.0 Yes 1 CM PRESENT ON LEFT SIDE OF CHEST 12 CM LATERAL TO MIDLINE, 2.3 CM LATERAL TO AREOLA OF LEFT NIPPLE AND 128 CM PROXIMAL TO HEEL OF LEFT FOOT, MARGINS INVERTED, ABRASION COLLAR PRESENT, BLACKENING ABSENT, TATTOING ABSENT, SINGEING ABSENT ON DISSECTION UNDERLYING SKIN SUBCUTANEOUS TISSUES, PLEURA FOUND LACERATED PLEURAL CAVITY FULL OF DARK COLORED FLUID BLOOD WOUND TRACK GOES MEDIALLY AND HORIZONTALLY LACERATING AND BRUISING MIDDLE OF ANTERIOR SURFACE OF LEFT LUNG THEN LACERATING UPPER PART OF PERICARIDUM AND RIGHT UPPER CHAMBER OF HEART PERICARIAL CAVITY FULL OF DARK COLORED FLUID BLOOD, TRACK OF WOUND THEN GOES LATERALY TO RIGHT SIDE OF CHEST LACERATING AND BRUISING MIDDLE OF ANTERIOR SURFACE OF RIGHT LUNG THEN LACERATING PLEURA AND EXITING AS A PUNCTURED LACERATED WOUND OVER RIGHT SIDE OF CHEST OF SIZE 1.8 CM X 1.0 CM. 3.5 CM BELOW AXILLA, 5.5 CM LATERAL TO AREOLA OF RIGHT NIPPLE, 17 CM LATERAL TO MIDLINE AND 128 CM PROXIMAL TO HEEL OF RIGHT FOOT, MARJINS OF WOUND EVERTED TRACK OF WOUND THEN ENTERS RIGHT ARM AS A PUNCTURED LACERATED WOUND OF SIZE 1.7 CM X 0.9 CM PRESENT ON INNER ASPECT RIGHT ARM, 18.5 CM BELOW TIP OF RIGHT SHOULDER JOINT, MARJINS INVERTED ON DISSECTION UNDERLYING SKIN, SUBCUTANEOUS TISSUES, MUSCLES FOUND LACERATED, UNDERLYING HUMERUS BONE FOUND FRACTURED, ONE OF FRACTURED END OF BONE MOVED LATERALLY LACERATING SKIN ON OUTER ASPECT OF RIGHT ARM OF SIZE 0.9 CM X 0.4 CM PRESENT 19.0 CM BELOW TIP OF RIGHT SHOULDER AND 11 CM ABOVE ELBOW JOINT, INFILTRATION OF BLOOD PRESENT AT FRACTURED ENDS OF BONE, METALLIC FOREIGN BODY FOUND LYING NEAR OUTER AND UPPER ASPECT OF FRACTURED BONE CORRESPONDING TEAR TO INJURY PRESENT IN T-
SHIRT AND BANYAN. T-SHIRT AND BANYAN BLOOD STAINED AT PLACES .
2. REDDISH COLORED ABRASION OF SIZE 1 X 1 CM Yes 2 PRESENT ON MIDDLE OF BRIDGE OF NOSE
10. The injured Gurnaib Singh, as per his MLR (Annexure P-3) was found to have sustained the following injuries :-
"1. A Sutured wound of size 4.8 cm placed obliquely on Right Frontal Region of head 11 cm above eyebrow. 4 intact Sutures present.
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2. A Linear Sutured wound of size 10 cm placed on left Front Opareital Region of head 8 cm above eyebrow. 6 intact Sutures present.
3. An incised wound of size 6x1 cm placed on Pareito-Frontal Region of head 12 cm above eyebrow. Fresh bleeding present. Depth not probed."
11. It may here be mentioned that as per the opinion (Annexure P-4) of the Doctor concerned, injury No. 2 on the person of Gurnaib Singh was found to be 'grievous', while the other two injuries i.e. injury no. 1 and 3 were opined to be 'simple'. As per MLR (Annexure R-1) in respect of complainant Yadwinder Singh, he had sustained as many as 8 injuries, the details of which are as follows :-
1. A linear reddish abrasion of size 5x0.4 cm placed obliquely on back of left side of chest 7 cm below left shoulder joint.
2. Multiple reddish bruises 4 in number present on back of chest in an area of 30x25 cm.
3. A reddish bruise of size 1x1 cm placed on back of abdomen on lumbar region in midline.
4. A linear reddish abrasion of size 8x0.2 cm placed on back of left side of abdomen.
5. A lacerated wound of size 1.5x0.3 cm placed on right occipital region of head 11 cm above external occipital protubrance at 1 o'clock position. Fresh bleeding present. Depth not probed.
6. A lacerated wound of size 1x0.5 cm placed on right occipital region of head 12 cm above external occipital protubrance at 2 o'clock position. Fresh bleeding present. Depth not probed.
7. An oval lacerated wound of size 0.5x0.4 cm placed on front of left knee joint. Abrasion collor present. Margins inverted. Fresh bleeding present. Depth not probed.
8. A reddish bruise of size present on lateral aspect upper one third of left leg."
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12. It may here be mentioned that as per the opinion (Annexure R-2) of the doctor, injury no. 7 was declared grievous in nature. The postmortem report in respect of the deceased Jasvir Singh as well as the MLRs in respect of Yadwinder Singh and Gurnaib Singh would indicate that the deceased lost his life having received injuries with firearm. No doubt, it is co-accused Manpreet Singh and Sandeep Singh who are alleged to be carrying firearm, but even the other accused including the petitioner are alleged to be carrying lethal weapons like 'kapa', sword etc. The petitioner is alleged to be carrying a sword. The complainant Yadwinder Singh sustained as many as 8 injuries. The other injured Gurnaib Singh sustained as many as 3 injuries including an incised wound on his head which as per FIR is attributed to the petitioner.
13. On the other hand Gurpreet Singh [mentioned as son of Mani Singh's Mama (uncle)] on the side of the accused has also sustained injuries, which as per the MLR (Annexure P-6) are described as follows :-
"1. Incised wound of size 3.8x1cm placed obliquely on right side of face 1 cm lateral to eyebrow, clotted blood present, depth not probed.
2. An incised wound of size 6x1.5cm placed obliquely on palmar aspect of left hand 2 cm away from base of thumb clotted blood present, depth not probed.
3. A diffuse swelling present on left forearm."
14. As per opinion (Annexure P-7) of the doctor, injury no. 1 on the person of Gurpreet Singh co-accused has been opined to be a grievous injury. While noticing the nature and number of injuries as inflicted by the accused and as sustained by a co-accused Gurpreet Singh, it cannot be said that the injuries as caused by the accused had been caused in self-defence. While only one 7 of 9 ::: Downloaded on - 07-05-2022 07:22:01 ::: 8 CRM-M-25719-2020 (O&M) person on the side of the accused had sustained injuries i.e. Gupreet Singh, three persons on the side of the complainant were inflicted injuries which included injuries caused with firearms as well as sharp-edged weapons leading to death of Jasvir Singh. The question as regards self-defence has to be examined in light of the number and nature of injuries and other circumstances which in the present case do not tend to suggest that the injuries were caused by the accused in self-defence or that it is the complainant party which is the aggressor.
15. Although, it is correct that the petitioner is not attributed any injury to the deceased who were sustained firearm injuries but the very fact that the petitioner was armed with a lethal weapon in the shape of a sword and is alleged to have inflicted injury to Gurnaib Singh on his head, which has been found to be existing on Gurnaib Singh's head as per MLR (Annexure P-3), it can safely be said that he shared a common object with other co- accused for making a murderous assault on the complainant party leading to death of Jasvir Singh and injuries to the complainant and to Gurnaib Singh.
16. In view of the discussion made above, this Court does not find any ground for grant of regular bail to the petitioner. The petition is sans merit and is hereby dismissed.
17. It is, however, clarified that none of the observations made above shall be taken to be an expression on merits of the main case.
18. Since it has been informed that the trial is proceeding at snail's pace and the complainant is intentionally avoiding to get his statement recorded before the trial Court so as to prolong the agony of the accused, the trial Court is directed to frame a schedule of dates in advance for calling the witnesses 8 of 9 ::: Downloaded on - 07-05-2022 07:22:01 ::: 9 CRM-M-25719-2020 (O&M) and shall also endeavour to record the statements of the PWs whose presence is duly secured. Special Messengers be deputed for securing the presence of the PWs. If deemed necessary, a letter may be written to the Senior Superintendent of Police, concerned, for doing the needful for ensuring timely presence of PWs. The District Attorney, concerned to also look into the matter for the purpose of securing the presence of the remaining PWs.
19. It is further made clear that in case the complainant Yadwinder Singh as well as Gurnaib Singh do not get their statements recorded at the earliest, it shall be open to the petitioner to move an application afresh seeking grant of regular bail. The complainant is directed to render utmost cooperation for conduct of proceedings of the trial.
6.5.2022 (Gurvinder Singh Gill)
kamal Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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