Sahab Singh v. State of Punjab

Mr. T.S. Salana, DAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. This order will dispose of Crl. Misc. No. M-18769 of 2010 filed by Sahab Singh @ Sarabjit Singh, Gurjit Singh sons of Sulakhan Singh, Jaswinder Singh son of Shamsher Singh and Sulakhan Singh son of Banta Singh and Crl. Misc. No. M-17040 of 2010 filed by Malwinder Singh son of Narinder Singh and Inderjit Singh @ Rinku son of Gurmit Singh as they arise out of the same FIR Crl. Misc. No. M-18769 of 2010 [2] No.75 dated 29.4.2010 registered at Police Station ‘A’ Division, Amritsar City for the offences under Sections 326, 323, 324, 148 and 149 IPC. The FIR in the case has been registered on the statement of Onkar Singh who had been residing in Sweden for the last 17-18 years and had returned with his children and family to his village since the last 6 months. The complainant and his family were constructing a quarter in their ‘haveli’ which was in front of their house. It was being constructed for giving it on rent. On 25.4.2010 in the evening, the complainant Onkar Singh was returning from the ‘haveli’ to his house and on the way he had an altercation with Sarabjit Singh son of Shamsher Singh resident of Verka with whom he had a court case pending in respect of their land. In order to effect a compromise on the intervention of respectables, he had come to Police Station Verka on 27.4.2010 at about 6.00 p.m. with his father Gurmit Singh, his friend Sahab Singh, Gurdip Singh and Harbhajan Singh @ Bhajjo etc. The respectable fixed the next day for effecting the compromise. When father of the complainant namely Gurmit Singh was going towards his vehicle which was parked near the bank, then Jagwant Singh son of Balwinder Singh resident of Verka who was standing nearby raised a lalkara and started abusing and exhorting to catch hold of the complainant and not to leave him and his father so as to contest the case. On this Malwinder Singh @ Malli (petitioner No.1 in Crl. Misc. No. M-17040 of 2010) gave a ‘kirpan’ blow on the complainant who raised his left arm to save himself and the blow hit him on his arm. In the meanwhile, Sarabjit Singh son of Crl. Misc. No. M-18769 of 2010 [3] Shamsher Singh came forward and took the complainant in a tight grip with both arms extended around the body and threw him on the ground. While the complainant was lying on the ground, Rinku (petitioner No.2 in Crl. Misc. No.M-17040 of 2009) gave a ‘kirpan’ blow which hit on the left side of complainant’s neck. Then Malwinder Singh @ Malli (petitioner No.1 in Crl. Misc. No. M- 17040 of 2010) gave two ‘kirpan’ blows to the complainant, which hit him on his left arm. While the complainant was lying down, Shamsher Singh alias Sheru (non-petitioner) and Dilbagh Singh (non- petitioner) were continuously kicking the complainant on his leg. Sahab Singh son of Gurbachan Singh, friend of the complainant, came forward to save the complainant and he was also inflicted injuries. The complainant then raised a noise of ‘mar ditta-mar ditta’. On hearing the noise, all the assailants ran way from the spot with their respective weapons. The father of the complainant took him and also his friend Sahab Singh to Primary Health Centre, Verka for treatment where the doctor prepared a medico-legal report (MLR) and referred the complainant to Guru Nanak Hospital where he was under treatment. The complainant later came to know that Puran Singh, his maternal uncle who had come to the village to see his (complainant’s) father was also caused injuries by the accused. The reason for the occurrence was that there was a land dispute pending between the complainant and Sarabjit Singh @ Sahab Singh son of Sulakhan Singh (petitioner No.1 in CRM No. M-18769 of 2010) in the Court. As such the injuries had been caused to the complainant party. The respectable had been trying to effect a compromise, which could not Crl. Misc. No. M-18769 of 2010 [4] mature. The complainant produced his medical report and requested for action being taken. Learned counsel for the petitioners has contended that no grievous injury has been attributed to Sahab Singh @ Sarabjit Singh son of Sulakhan Singh, Gurjit Singh son of Sulakhan Singh, Jaswinder Singh son of Shamsher Singh and Sulakhan Singh son of Banta Singh (petitioners in CRM No. M-18769 of 2010) and the grievous injury at the most are attributed to Malwinder Singh son of Narinder Singh and Inderjit Singh @ Rinku son of Gurmit Singh (petitioners in CRM No. M-17040 of 2010). It is submitted that on the statement of Jagwant Singh, a cross-version was also registered in which Sahab Singh @ Sarabjit Singh son of Sulakhan Singh (petitioner No.1 in CRM No. M-18769 of 2010) is attributed to have caused injuries. Therefore, the petitioners in the respective petitions are liable to be granted the concession of pre-arrest bail. In response, learned State counsel submits that the petitioners in the respective petitions had caused injuries in conspiracy with each other and they had gone to the place of occurrence with a pre-meditated mind to cause harm to the complainant who had come to his village from Sweden after 17-18 years so as to settle there. After giving my thoughtful consideration to the matter, it may be noticed that Malwinder Singh son of Narinder Singh and Inderjit Singh @ Rinku son of Gurmit Singh (petitioners in Crl. Misc. No. M-17040 of 2010) had caused injuries on the person of the complainant Onkar Singh. Malwinder Singh (petitioner No.1 in Crl. Crl. Misc. No. M-18769 of 2010 [5] Misc. No. M-17040 of 2010) inflicted a ‘kirpan’ blow on the left arm of the complainant Onkar Singh. The complainant had tried to ward off the blow by raising his left arm and the blow hit him (complainant) on his left arm. Besides, said Malwinder Singh also inflicted two ‘kirpan’ blows on the left arm of the complainant while he lay on the ground. Besides, he caused injuries to Puran Singh, maternal uncle of the complainant with a ‘dang’. Inderjit Singh @ Rinku son of Gurmit Singh (petitioners in CRM No. M-17040 of 2010) also inflicted a ‘kirpan’ blow on the complainant, which hit him on the left side of his neck. In terms of the medical report of the complainant Onkar Singh, there are four injuries on his person and all are incised wounds with sharp-edged weapon. The offence though is under Section 324 IPC, however, it may be noticed that the complainant had come from Sweden after 17-18 years so as to settle in his village and the petitioners in the respective petitions had caused injuries to him. The fact that other petitioners are attributed simple injuries is by itself, no ground to grant them the concession of pre- arrest bail. It may be noticed that on the person of Jagwant Singh, on whose statement the cross-version has been registered, there is only one injury that is said to have been caused by the complainant, which is an incised wound on the middle of left side of his forehead. In view of the afore-noticed circumstances, no ground for grant of pre-arrest bail is made out. Accordingly, the Crl. Misc. petitions (i.e. CRM No. M- 18769 of 2010 and CRM No. M-17040 of 2010) are dismissed. Crl. Misc. No. M-18769 of 2010 [6] August 4, 2010 (S.S. SARON) JUDGE