Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 882

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Akbar Khan @ Akku - Petitioner - Appellant
Versus
State of Punjab - Respondent - Respondent
CRM-M-57185 of 2023
Decided On : 20-11-2023

Advocates appeared:
Mr. J.K. Singla, Advocate and Ms. Shivani Singla, Advocate for the petitioner.
Ms. Ramta K Chaudhary, DAG, Punjab.

The decision highlighted the importance of supporting evidence from key witnesses and considered the accused's status as a first-time offender in granting bail.

Headnote:
Regular Bail - Murder - IPC 302, 120-B, 201, 148, 149 - The court allowed the petition for regular bail under Section 439 Cr.P.C. in a case involving the murder of two persons. The accused was ordered to be released on bail due to lack of supporting evidence and being a first-time offender.
Fact of the Case:

The petition sought regular bail in a case involving the murder of two persons. The key witnesses did not support the prosecution's case. The accused had been in custody since 13.01.2022, with only 2 out of 27 prosecution witnesses examined so far.
Finding of the Court:

The court found that the key witnesses did not support the prosecution's case and that the accused was a first-time offender in custody for a considerable period with minimal evidence presented.
Issues: Key issues included the lack of supporting evidence from key witnesses, the length of time the accused had been in custody, and the minimal evidence presented in the case.
Ratio Decidendi: The court's decision was influenced by the lack of support from key witnesses, the accused being a first-time offender, and the minimal evidence presented in the case.
Final Decision: The petition for regular bail was allowed, and the accused was ordered to be released on bail.

JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.03 dated 06.01.2022 registered under Sections 302, 120-B, 201, 148, 149 IPC, 1860 at Police Station Sadar Mansa, District Mansa.

2. The present FIR came to be registered at the instance of Buta Singh son of Inderjit Singh who stated that he was an agriculturalist and a pharmacist. Jaswinder Kaur, the real aunt of his wife Amandeep Kaur was married to Jarnail Singh son of Natha Singh. She had three sons namely, Jagsir Singh @ Buta, Gurdarshan Singh @ Darsi and Kulwinder Singh @ Kakka. Gurdarshan Singh @ Darsi had died 11 months earlier. Jagsir Singh @ Buta and his mother Jaswinder Kaur were residing in their residential house constructed in their fields at Village Moosa. His brother Kulwinder Singh alias Kakka was residing at Mansa for the last 7/8 years at his residential house. Jagsir Singh @ Buta was of the age of 40 years and was unmarried. On the date of the occurrence at about 09.00 AM when he (complainant) was present at his house, then Jasveer Singh alias Kala son of Naib Singh telephonically informed him that one Labh Kaur wife of Babbu Singh who was working as a servant in his (complainant’s) house and also at the house of Jaswinder Kaur had stated that when she (Labh Kaur) had gone to the house of Jaswinder Kaur for work, nobody had opened the gate. On this, they all went to the house of Jagsir Singh on a motorcycle and after climbing the wall, when the door of the house was opened from the inside they saw Jaswinder Kaur and Jagsir Singh alias Buta lying dead on the cots in the courtyard. Serious injuries had been inflicted upon them with sharp weapons. Thereafter, the Investigating Agency was informed of the occurrence.

During the course of investigation, the statements of witnesses were recorded under Section 161 Cr.P.C. and on the basis of the evidence and secret information it came to light that Kulwinder Singh alias Kakka son of Jarnail Singh (son of deceased Jaswinder Kaur and brother of deceased Jagsir Singh), Jagsir Singh alias Jagga (granted bail vide order dated 30.10.2023 passed in CRM-M-21180-2023) son of Gurcharan Singh, Akbar Khan alias Akku (petitioner) son of Dara Khan, Jaskaran Singh alias Jassi son of Sohan Singh and Rashandeep Singh @ Rashan (granted bail vide order dated 13.10.2023 passed in CRM-M-12778-2023) son of Gurpreet Singh were the accused in the present case. The offence under Section 34 IPC was deleted and the offences under Sections 148/149 IPC were added in the instant FIR.

On 12.01.2022, Bikkar Singh son of Mukan Singh (Fufar of accused Kulwinder Singh @ Kaka) got recorded his statement before the I.O. stating that all the accused persons had visited him on 12.01.2022 and had admitted their guilt that they had murdered the aforementioned accused.

On 13.01.2022, all the accused were arrested in the present case and a car bearing Registration No.PB-03-BE-5858 registered in the name of Dara Khan son of Dula Khan (father of accused Akbar Khan alias Akku) being driven by the accused persons at the time of their arrest was taken into police possession.

During the course of investigation, it transpired that Kulwinder Singh alias Kakka had committed the murder of his mother and brother on account of lust for land and property. Some portion of the proceeds of the crime were to be given to the other accused. Therefore, vide DDR No.33 dated 13.01.2022, the offence under Section 120-B IPC was added.

In pursuance to the disclosure statement, Jagsir Singh @ Jagga got recovered an iron knife and Jaskaran Singh alias Jassi got recovered a Gandasa.

On 14.01.2022, during the police remand, Rashandeep Singh @ Rashan got recovered a Swift Car bearing Registration No.PB-31M-4748 allegedly used in the occurrence along with a weapon i.e. Gandasa lying in the car which was subsequently found to be blood-stained though, the blood group could not be known. It was also revealed that

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