Judgment

Mr. Harsh Bunger, J.

Petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail, in case FIR No.0066 dated 17.04.2022, registered under Sections 324 , 323, 148 and 149 of the INDIAN PENAL CODE (for short ‘IPC’) ( Section 302 IPC, added later on vide Rapat No.15 dated 24.04.2022 and Section 120-B IPC, added vide Rapat No.38 dated 24.04.2022).

2. Pursuant to the advance copy of petition having been served upon learned State counsel, status report dated 17.04.2023 by way of an affidavit of Sh. Shubeg Singh, PPS, Deputy Superintendent of Police, Sub Division, Fazilka, District Fazilka, on behalf of respondent-State of Punjab, has been filed, which is already on record.

3. Custody certificate dated 22.04.2023 of the petitioner has been filed by learned State counsel in the Court, which was taken on record vide order dated 24.04.2023.

4. Succinctly, the above-said case FIR was registered on the statement of one Jaspreet Singh son of Jaswinder Singh resident of Village Ojhawali, Tehsil and District Fazilka, alleging therein that on 16.04.2022 at about 11:00 p.m., he went to the shop of his uncle Chhinda Singh, who runs a chicken centre at bus stand of their Village and when they were closing the shop, some persons namely, Sukhchain Singh, armed with kappa, Prem Singh, armed with kappa, Jagga Singh, armed with kappa, Baljinder Singh, armed with dang, Jaswinder Singh S/o Makhan Singh, all residents of Village Ojhawali, accompanied by Kamal resident of Village Jhok Dipulana, armed with kappa, Happy son of Makhan Singh, armed with kappa and Sonu resident of Village Jhok, Dipulana, armed with kirpan came there and started quarelling with his uncle Chhinda Singh, as he refused to give eggs, meat demanded by them. It is stated that upon hearing the noise, another uncle of the complainant namely, Paramjit Singh, complainant’s father Jaswinder Singh and aunt (Chachi) Saroj Rani wife of Chhinda Singh, also came at the spot and tried to resist the act of the assailants but they did not stop and Jaswinder Singh raised a lalkara, by saying that teach them a lesson for quarelling with them whereupon, Sukhchain Singh gave a kappa blow hitting left side of head of Paramjit Singh; Prem Singh gave a kappa blow hitting left thigh of Paramjit Singh, Kamal gave kappa blow from its reverse side on the left shoulder of Paramjit Singh; Jagga Singh gave a kappa blow(reverse side) hitting Paramjit Singh on his left foot; Jagga Singh gave a kappa blow hitting Jaswinder Singh near his right eye; Prem Singh gave a kappa blow hitting Jaswinder Singh on the left side of his neck; Happy gave a kappa blow (reverse side) hitting Jaswinder Singh on his left shoulder. Sonu gave kirpan blow hitting Jaswinder Singh on his right under arm and some un-known persons gave injuries with a wooden log injuring Jaswinder Singh at his left elbow and middle finger of left hand. Thereafter, Baljinder Singh is alleged to have given three continuous dang blow to Jaswinder Singh hitting his both the thighs as well as left arm. Then Sukhchain Singh is alleged to have given a kappa blow hitting Jaswinder Singh on his left wrist; Prem Singh allegedly gave a kappa blow hitting the complainant below his left knee and Kamal gave kappa blow hitting on his left bicep. Thereafter, some un-known persons gave dang blow hitting Chhinda Singh on his right knee and Baljinder Singh allegedly gave a dang blow hitting Chhinda Singh on his left knee as well as foot. Then Sukhchain Singh gave a kappa blow hitting Chhinda S