- (1.) PETITIONER Balwinder Singh @ Pappu son of Darshan Singh alias Mota Singh, has instituted the instant petition for the grant of concession of regular bail, in a case registered against him along with his other co -accused, namely, Lakhwinder Singh alias Gujjar and Kala Singh etc., vide FIR No.3 dated 13.1.2013 (Annexure P1), on accusation of having committed the offences punishable under sections 302 & 323 read with Section 34 IPC by the police of Police Station Khalra, District Tarn Taran
(2.) NOTICE of the petition was issued to the State.
(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context. Precisely, the prosecution claimed that on 12.1.2013, all the accused came to the spot and petitioner Balwinder Singh caused simple injury to complainant Jugraj Singh son of Singara Singh (for brevity "the complainant"), whereas main accused Lakhwinder Singh alias Gujjar caused brick -bat injury to Parkash Kaur. Consequently, she felled from the roof on the ground and succumbed to her injuries. No injury on the person of the deceased is attributed to the petitioner. Moreover, it is not a matter of dispute that the instant case was registered, in the wake of statement of the complainant. He, while appearing as PW1, did not support the prosecution case in the court, vide his statement (Annexure P2) and has resiled from his earlier statement. Not only that, PW2 Piara Singh son of Chanchal Singh (eye witness) also did not support the prosecution version and was declared hostile, by virtue of his statement (Annexure P3). In that eventuality, what is the evidentiary value and admissibility of statements of such hostile witnesses against the petitioner, inter -alia, would be a moot point to be decided during the course of trial by the trial Court.;