KAMALJIT SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2013-1-54
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 14,2013

KAMALJIT SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

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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