A.S.NEHRA, J. - (1.) HARVINDER Singh petitioner son of Swaran Singh deceased has filed this application under Section 439 (2) of the Code of Criminal Procedure for cancelling the bail of the respondent in FIR No. 85 dated 1.7.1992 under Sections 304/323, Indian Penal Code, registered on the petitioner's statement which reads as under :- "I belong to Karampatti and cultivate land. My father Swaran Singh's first cousin Karnail Singh son of Kishan Singh had a case with Jaswant Singh and others Gurbanchan Singh son of Bishan Singh, who is the brother of the wife of Jaswant Singh, had given an application against Bhupinder Singh son of Swaran Singh, Gurvinder Singh son of Naranjan Singh and Harvinder Singh son of Darshan Singh in Police Post, Panniwala Fatta, that they had teased their daughters. On the basis of the aforesaid false application, ASI Puran Singh reached our village in the evening on 28.6.1992. He was then accompanied by police officials. My father Swaran Singh and Naranjan Singh were forcibly put in the Canter. When Jagjit Singh, Ex-Sarpanch, protested against forcible throwing of Swaran Singh and Naranjan Singh in the Canter and requested the police officials not to take them and that he would produce them in the police station on the next day. ASI Puran Singh took exception to the same and put Jagjit Singh also in the Canter and reached Police Post, Panniwala Fatta, with the Canter. On 28.6.1992 at 10.11 p.m. ASI Puran Singh took out my father from Kath. ASI Puran Singh tied the arms of my father and started giving dang thrusts. He also gave kicks with Boots. We had seen all this dreadly sight fro the side cabin, but being helpless could not do anything. When Naranjan Singh and Jagjit Singh Ex-Sarpanch requested ASI Puran Singh not to give injuries, ASI Puran Singh threatened that their turn would be next. He continued giving merciless beating to Swaran Singh due to which his condition worsened and he became unconscious. On 29.6.1992 at about 10 a.m., my sister's husband's elder brother Darshan Singh reached the police spot and assured ASI Puran Singh that he would produce the persons and that he should release them. Thus, Darshan Singh got us released. My father Swaran Singh in an unconscious condition was brought from Police Post, Panniwala Fatta to Civil Hospital, Malout. Dashan Singh and Jagjit Singh Ex-sarpanch also came to the hospital. After rendering first aid, the doctor of Hospital, Malout, keeping in view the precarious condition of my father referred him to Guru Gobind Singh Medical College, Faridkot. We got him admitted in the hospital at Faridkot at 10 p.m. on 29.6.1992. His condition became more worse. My father succumbed to the injuries on 30.6.1992 at 2.00 p.m. Action may be taken on the basis of my statement against ASI Puran Singh, Incharge Police Post, Panniwala Fatta."
(2.) THE respondent, while posted at Police Post, Panniwal Fatta, took Swaran Singh, father of the petitioner, to the Police Post and gave injuries to him while he was in custody. Dr. Ashok Chanana found the following injuries on the person of Swaran Singh :- 1. A blluse black to brownish bruise 3.5 cms. x 3.2 cms is present on the front of the right side of the neck, 2 cms horizontally away from the Adam's apple. On dissection, underlying soft tissue and muscular tissues are stained with clotted blood. 2. A bluish black to brown bruise 3 cms. x 2.5 cms. is present on the right cheek of the face. On dissection, underlying soft tissue and muscular tissue are stained with clotted blood. 3. An abrasion 1.5 cms. x 10 cms with reddish-brown scab is present in the centre of the forehead, 2.5 cms. above the nasion. 4. An abrasion 1.8 cms x 0.7 cm. with reddish-brown scab is present over the dorsum of the nose at its root. 5. A blue-back to brown bruise 6 cms x 1.5 cms. on the left shoulder region. 6. A blue-back brown bruise 5 cms. x 1.2 cms. on the right shoulder region. On dissection, under injuries Nos. 5 and 6 underlying soft tissues were stained with clotted blood. 7. A bluish black contusion 4 cms. x 1.8 cms. on the back of the abdomen over the mid-line in its centre. On dissection, underlying soft tissues stained with clotted blood. 8. A bluish black to brownish contusion 3 cms x 1.5 cms on the right buttock in its centre. On dissection, under injury No. 8 underlying tissues were found stained with clotted blood. The cranial cavity contained sub-dural haematoma of reddish-brown to blue Black colour on the frontal side of the brain which is extending to the base of the brain. According to Dr. Ashok Chanana, Assistant Professor, Guru Gobind Singh Medical College, Faridkot, the death was as a result of sub-dural hamematoma which was sufficient to cause death in the ordinary course of nature.
(3.) MR . M.L. Merchea, Advocate, learned counsel for the petitioner, has submitted that normally a case under Section 302 of the Indian Penal Code should have been registered but since the respondent is an Assistant Sub-Inspector, therefore, the police has knowingly converted the case against the respondent from Section 302 to Section 304, Indian Penal Code. The learned counsel for the petitioner has further contended that the learned Additional Sessions Judge, Faridkot, has erred in law in granting anticipatory bail to the respondent and the learned Additional Sessions Judge has taken extraneous matter into consideration while granting the anticipatory bail to the petitioner. In support of his argument, he has relied upon Pokar Ram v. State of Rajasthan and others, AIR 1985 Supreme Court 969; Kiran Devi v. State of Rajasthan and another, 1988 Supreme Court Cases (Crl.) 106; and Samunder Singh v. State of Rajasthan and others, AIR 1987 Supreme Court 737. It has been held by the Supreme Court in Pokar Ram's case (supra) that some very compelling circumstances must be made out for granting bail to a person accused of committing murder and that too when the investigation is in progress.;