JUDGEMENT
K.C.PURI, J. -
(1.)VIDE this order, I intend to dispose of Crl.M.No. M-15445 of
2012 titled as Kamaljit Singh vs. State of Punjab and Crl.M.No. M- 27131 of 2012 titled as Sulakhan Singh and others vs. State of Punjab, as both these petitions have arisen out of FIR No. 135 dated
25.10.2011 under Sections 302, 341, 506, 34, 120-B IPC and 25, 27, 29, 54, 59 of Arms Act, registered at Police Station Sadar Moga, District Moga.
(2.)CRL .M.No. M-15445 of 2012 has been filed by Kamaljit Singh petitioner for grant of regular bail, whereas Crl.M.No.M-
27131 of 2012 has been filed by Sulakhan Singh, Makhan Singh and Jaswinder Singh petitioners, for grant of anticipatory bail.
The law was set in motion by recording the statement of Samir Pal Kaur mother of deceased Shamsher Singh. She has stated
that his son Shamsher Singh had married to Matpreet Kaur in
December 2010. Parents of Matpreet Kaur alongwith her uncles
Makhan Singh, Jaswinder Singh and Kamaljit Singh have business in
Obra (U.P.). They had purchased land near their house in village
Salina and had purchased a house near their house. The parents and
uncles of Matpreet Kaur wanted to marry her somewhere else. It is
further alleged that on 25.10.2011 the complainant had come to the
house of her nephew Raghbir Singh. It was about 4.00 P.M. The
complainant was talking with Nachhattar Kaur w/o Raghbir Singh.
The son the complainant Shamsher Singh alongwith her nephew
Jagjit Singh had come on Bullet motorcycle No. PB 46-G-1000 in
connection with Diwali festival and it was about 5.00 P.M. Her son
Shamsher Singh alongwith her nephew Jagjit Singh was going. The
complainant and Nachhatar Kaur w/o Raghbir Singh were present
outside the main gate of the house to see them off. Shamsher Singh
tried to start his Bullet motorcycle and Jagjit Singh sat on the pillion
seat. Complainant and Nachhattar Kaur were just looking towards
Shamsher Singh and they were about 30-40 meters away from
Shamsher Singh and Jagjit Singh. Suddenly Kamaljit Singh
applicant for regular bail, armed with Dang and his son Khushwant
Singh armed with gun came on pathway in front of their gate and
Shamsher Singh etc. were stopped. Kamaljit Singh with the help of
his dang by entangling the same in the motorcycle got the same fell
down. Shamsher Singh and Jagjit Singh alongwith motorcycle fell
down in the fields on the left side of the way. Khushwant Singh fired
2-3 shots towards Shamsher Singh. Jagjit Singh saved him by running from the spot. The complainant and Nachhattar Kaur raised a noise
and Kamaljit Singh leaving his dang on the spot and Khushwant
Singh alongwith his gun, gave threats to kill the complainant and left
the spot. It is further alleged that Kamaljit Singh and his son
Khushwant Singh in connivance with Sulakhan Singh, father of
Matpreet Kaur and her uncles Makhan Singh and Jaswinder Singh,
after hatching a conspiracy had murdered the son of the complainant
Shamsher Singh.
(3.)DURING the investigation, the present applicants Sulakhan Singh, Makhan Singh and Jaswinder Singh who had applied for
anticipatory bail, were declared innocent and were summoned under
Section 319 Cr.P.C.
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