JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of both the aforementioned petitions praying for grant of regular bail to petitioners Jagjit Singh and Malkeet Kaur, in FIR No.08 dated 14.01.2019 under Sections 302, 201, 420, 120-B, 506, 34 IPC, registered at Police Station Nathana, Bathinda, District Bathinda.

(2.) Learned counsel for the petitioners submits that as per allegations in the FIR, registered on the statement of Toga Singh, petitioner Malkeet Kaur was married to Nath Singh and three children were born out of the said wedlock. From her previous marriage, Malkeet Kaur has one girl child, who is also residing with her. Nath Singh had one brother Manga Singh @ Makka, who was unmarried. Both Nath Singh and Manga Singh @ Makka are deaf and dumb by birth. Mother of Nath Singh had brought one Jagga Singh @ Jagdev Singh from her relative, who was residing in the village for the last 10/12 years. Since many Court cases relating to the land were pending, petitioner Jagjit Singh, who was Patwari Halqa, used to help them in this manner. Manga Singh @ Makka was missing for many days and the complainant had gone to the house of Nath Singh to enquire about this fact and found that Jagdev Singh @ Jagga and petitioner Jagjit Singh, Patwari Halqa were threatening his brotherin-law's daughter Malkeet Kaur that they have killed Manga Singh @ Makka and they will eliminate her as well. Upon inquiry, Malkeet Kaur informed him that petitioner, in conspiracy with Jagga, Antar Singh, Gosha Singh @ Total, have murdered Manga Singh @ Makka and are threatening her on account of acquisition of land of Nath Singh and Manga Singh @ Makka and are demanding money.

(3.) Learned counsel for the petitioners has further argued that petitioner Jagjit Singh has nothing to do with Nath Singh and Manga Singh @ Makka and their land was acquired in the year 2016. Learned counsel has placed on record photocopies of the cheques, which were issued by the Land Acquisition Collector, Punjab in the name of Nath Singh and Manga Singh @ Makka. The photocopies of the aforesaid cheques are taken on record as Mark 'A'. It is further submitted that Manga Singh @ Makka died on 14.01.2019 i.e. 03 years, after the amount was received by him and the allegations against the petitioners are false, as even on earlier occasion, the complainant's son has registered an FIR under Section 376 IPC, in which the prosecutrix (daughter of Malkeet Kaur) has not supported the prosecution version and was declared hostile. The photocopy of statement of the prosecutrix dated 05.11.2019 is taken on record as Mark 'B'.