Tejinder Singh Dhindsa, J. - (1.) THIS order shall dispose of the present petition preferred under Section 439 of the Code of Criminal Procedure praying for grant of benefit of regular bail to the petitioner in FIR No. 43 dated 31.1.2011, under Sections 307, 323, 148, 149 of the Indian Penal Code and Sections 25, 57, 54, 59 of the Arms Act (added later on Section 302 of the Indian Penal Code), registered at Police Station Samana, District Patiala.
(2.) COUNSEL for the parties have been heard. The instant FIR was registered at the instance of Major Singh son of Kundan Singh. As per prosecution version, the occurrence is of 31.1.2011 in which Lakhwinder Singh had received gun shot injuries and subsequently died. As per allegations, Malkiat Singh armed with a pistol and Mohan Singh present petitioner armed with rifle had fired towards the complainant as also his companion, namely, Lakhwinder Singh. Initially, case was registered under Sections 307, 148, 149 IPC read with Sections 25, 27, 54, 59 of the Arms Act, but on account of Lakhwinder Singh succumbing to his injuries and having expired, offence under Section 302 of the Indian Penal Code was added.
(3.) IT has gone undisputed that the investigation in the case has been completed and the challan has been presented on 28.4.2011. Learned counsel appearing for the petitioner would refer to the statement of complainant Major Singh, who has appeared as PW1.;