B.S.YADAV,J. - (1.) THE present petitioners have been arrested in a case under sections 307/427/326/452/436/506/148/506/148/149 of the Indian Penal Code, registered at Police Station Malerkotla vide First Information Report No. 79 dated 17.6.1983.
(2.) THE brief facts, according to the said First Information Report No. 79 dated 17.6.1983, which was recorded on the statement of Raj Kumar son of Sant Ram are to the effect that on the that day at about 9.20 p.m., he was present at his house. His brother-in-law, Verinder Kumar resident of Muktsar and Pardeep Kumar and Verinder Kumar residents of Malerkotla were also present there. Narinder Kumar alias Mannu and Vinod Kumar, brothers of Raj Kumar came running into the house and closed the door and told the persons present there that Bhaina, Dilshad and their associates Latif and his brother, Bashir alias Tunda and Yasin had caused them injuries. In the meantime, the above named persons, along with Suleman and Mali sons of Sadar Din, Khalil, Haji Kachru who were armed with Gandasas and Lathis opened the door by putting their hands inside. When Raj Kumar objected, Yasin and Latif Mohammad felled him to the ground and the above persons caused him injuries with sticks and Gandasas. Thereafter the above named persons with a mob surrounded the house and entered into it and caused them injuries. Then, that mob, some of whom had guns with them, fired 35 or 40 shots in the air. They also threw brickbats. Thereafter, these persons threw burning tyres, soked with kerosene oil, in the compound of the house. (Note :- In the present petition, in the translation of FIR No. 79 dated 17.6.1983, some facts are missing. Those facts have been taken from the original FIR which was read out by the learned State counsel). On the next day, on the basis of the statement of Dilshad petitioner, a counter-case was registered at 11.20 a.m. vide FIR No. 80. According to that version, on 17.6.1983 at 9.15 p.m., Vinod Kumar, Raj Kumar and Mannu, Charni Pahlwan, Raj Kumar son of Chanan Ram, Billa Gobarewala, Amrit Lal Gupta and Swaran Kumar were standing near Jindia Medical Store, outside Dehi Gate. They were under intoxication of liquor and were hurling dirty abuses upon muslims. They were also challenging the Muslims to come out. In the meantime, Mohammad Sayeed, Abdul Aziz, Nassar Hussain, Azar Diwana, Sabar Ali, Mohd. Yamin came to the spot. When Dilshad tried to stop the above persons from hurling abuses, Vinod Kumar attacked him with a knife and caused him injuries on his upper lip. Four teeth of his also became shaky and started bleeding. Vinod Kumar also attacked Saleem and caused injuries on his right finger. When the companions of Dilshad tried to save them, Vinod Kumar and others ran from there and, entered their house and started firing with guns from the house. First, Raj Kumar and then others, whose names have been given in the First Information Report, fired, turn and turn, injuring various persons, named in the report.
(3.) THE petitioners filed separate bail applications. All the bail applications were dismissed by the learned Additional Sessions Judge, Sangrur vide order dated 6.7.1983.;